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Claim can be rejected due to violation of terms even after appointment of surveyor

In Sonell Clocks and Gifts Ltd vs. New India Assurance Co Ltd, claim was repudiated by the insurer on violation of terms of the policy specifically clause 6 of the general terms, the report of the surveyor as well as delay in informing the insurer.

The appellant approached the Supreme Court which decided that the singular question involved in these appeals is whether the respondent (insurer) had waived the condition relating to delay in intimation, by appointing a surveyor.

The appellants had referred to Galada Power and Telecommunication Ltd. Versus United India Insurance Co. Ltd. and Another, wherein the court had rejected the repudiation of claim by the insurer on the ground of delay in intimation under Clause 5 of Marine Insurance Policy as the insurer had appointed a surveyor.

The Supreme Court however held that the clause of the present policy was materially different from and incompatible with the clause referred to the in the Galada matter. The policy does not subsist on violation of Clause 6 here while that is not the case with Clause 5 of the Marine Policy.

Further the Court held that the appointment of a surveyor by the respondent after receipt of intimation of the loss from the appellant, in the context of the present insurance policy, coupled with the 2000 Regulations and in particular an express stand taken in the repudiation letter dated 18th February, 2005 sent by the respondent to the appellant after consideration of the surveyor‟s report, it cannot be construed to be a case of waiver on the part of the respondent.



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