Legal notice served by an Advocate

Hemanta (Querist) 10 October 2015 This query is : Resolved
Dear Sir, one of my sister works as LIC agent. Recently she has been served a legal notice by an advocate in his letter head on behalf of his client. The notice has four addresses namely Zonal Manager Divisional Manager ,Branch Manager of LIC along with my SisterSister's name. The notice has been issued demanding insurance death claim against a policy which was repudiated by LIC. So, what should she do now. Should she reply as the main insurance contract was between the client and LIC . The agent is simply a middleman in the contract. Pls help me.
Regards
Hemanta Gogoi

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Guest (Expert) 10 October 2015
Reply to advocate, who sent the notice.

Hemanta (Querist) 10 October 2015
Thank you Sir. Pls advice me, what points to be covered in the reply. The notice clearly demands insured amount and my sister's name is in the serial no 4. I think the demand is from LIC, not my sister.
So, what points she should cover in reply. Thanks again
Regards

Kumar Doab (Expert) 10 October 2015
An able lawyer shall look into all points in the legal notice and draft a fitting reply.

The LIC agent as per the agency agreement signed with LIC is to help/assist/support to file the claim if customer/successors have approached the agent.

The claim is repudiated by LIC and agent has no power to pass or refute the claim.

Guest (Expert) 10 October 2015
Quite surprising! You are going to pay some lawyer for replying the notice, but you expect the experts to cover the points on behalf of your lawyer that too without seeing the contents of the notice received by your sister!

Hemanta (Querist) 10 October 2015
Thank you all Sirs. Thanks for your prompt replies.
Regards

Sudhir Kumar, Advocate (Expert) 11 October 2015
agreeing with Mr Dhingra I would observe that you have not at all given any indication as to what is alleged against the agent.

Sudhir Kumar, Advocate (Expert) 11 October 2015

If misrepresentation of facts is alleged against the agent (which is done in many cases) for inducing sale of policy then agent just cannot be out of the suit.

If it is proved that the agent acted beyond authroity and that the company validly refused claim then then whole claim can be enforced against the agent.

So you just cannot take it so lightly to come for free legal advise and not even caring to share the facts with you hoping to hear the words suiting your ears.

SAINATH DEVALLA (Expert) 11 October 2015
Ask UR advocate to reply to each and every point mentioned in the legal notice.Though the agent acts as an intermediary between the company and the policy holder,at the time of submitting the proposal form for insurance,the agent also gives AGENTS CONFIDENTIAL REPORT(ACR),stating the all the information provided by the proposer are true and correct on enquiry. Issuing a policy by LIC mainly depends on the contents of the ACR.