Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Insurer cannot introduce additional reasoning beyond those detailed in their repudiation letter to justify repudiation...........
Consumer Protection Act, 1986, Section 23, Insurance Act, 1938, Section 64(UM)(4) -- Insurance claim - Insurer has the discretion to settle the claim for a different amount, than what is assessed by surveyor...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Fire broke out at insured's warehouse - Cause of fire - Whether the fire took place by a short-circuit or any alternative factor, remains immaterial, provided the claimant is not the instigator of fire...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Fire broke out at insured's warehouse - Mere fact that insured had undertaken repairs on the rooftop to prevent water leakage to warehouse, such essential repair work itself, cannot be reasonably construed to be an alteration that would increase the risk of loss or damage, as has been urged by..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Fire broke out at insured's warehouse - Cause of fire - Report of surveyor's although comprehensive otherwise, is inconclusive on the aspect identifying the actual cause of fire - Since, the surveyor's report only relies on the Forensic Examiner findings, it would be unsafe to rely on the said..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Fire broke out at insured's warehouse - Reports suggesting electrical short circuit as the trigger for the warehouse fire, is found to fit in with the attendant circumstances - Fire at the warehouse cannot be attributable to any negligent act of insured - Moreover, fire is found to have occurred..........
Consumer Protection Act, 1986, Section 17(b) -- Territorial jurisdiction of State Commission - Accident - Damage to car - Accident has occurred at Gurgaon - However, insurer as well as dealer were carrying on business from their offices in Delhi - State Commission at Delhi has territorial jurisdiction to entertain complaint...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Delay in providing intimation to insurer - Car accident - Accident took place on national highway - Owner immediately requested dealer to shift the vehicle to their garage - Finding of fact recorded by State as well as National Commission that dealer immediately informed the insurer - Moreover,..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Discrepancies about the manner in which accident happened - Accident happened is not disputed - It is not the case of insurer that there was any negligence on the part of driver of car - Even, it is not the case of insurer that any of general or specific exceptions in the policy of insurance apply..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Car accident - Damage to car - Compensation - There was constructive total loss to vehicle - Extensive damage caused to vehicle - Liability of BMW under BMW secure was to pay the actual difference between Insured Declared Value (IDV) of insured vehicle and current ex-showroom price of new vehicle..........
