Repudiation of Insurance Claim

M. PIRAVI PERUMAL (Querist) 31 March 2009 This query is : Resolved
Mr. A has parked his 2 wheeler unlocked in front of his house.

The vehicle was stolen and police have registered case u/s 379 IPC and subsequently filed final report was in the Court stating that the vehicle is not traceable and the Court has closed the case.

Mr. A has lodged a claim with insurance company. The claim was repudiated by the insurance company stating that adequate safeguard measures was not taken by Mr. A.

Is this violation of terms and conditions of policy ?

Is there any citation in favour of Mr. A ?

I seek the valued opinions of the experts.

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adv. rajeev ( rajoo ) (Expert) 31 March 2009
Dear Piravi,
question of violating the terms and condtions of policy does not arise if in case of 2 wheeler is covered under theft, for which if an extra premium is colleted by the ins., co.,. When there is theft coverage and the claim is repudiated then best option is to file consumer case against the co.,

PALNITKAR V.V. (Expert) 31 March 2009
If the terms of insurance provide that the owner should take safety precautions like locking then perhaps the company can deny its liability. hence, it is essential to find out what are the terms and conditions of insurance.