Learn Trademark Filing Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

yaksh sharma (SERVICE)     30 October 2024

Acts of god

A shop owner has suffered a massive loss due to a natural disaster. He went to claim the insurance for the loss but the insurance company said that the disaster was an ACT OF GOD and they couldn't help him with this as the agreement mentioned theft and all the acts which were done by humans. Although there was no mention of the fact that they will protect the shop from the situations caused by the ACTS OF GOD, there was also no mention of the fact that they will not. 
What measures the owner of the shop can take against the insurance company or the government to claim his loss?



 5 Replies

rajesh shetty   30 October 2024

Dearest Reader, 
After going through your query, I understand the issue and I would like to provide you with an answer:
Firstly, the shop owner here should have read the policies of the insurance document while providing the signature. An “ACT OF GOD” specifically refers to natural events that are outside of Human Control. For example tsunamis, earthquakes, etc. 
As you have mentioned, the policy doesn’t specifically exclude coverage for natural disasters, the shop owner may file a petition arguing that he is entitled to compensation. 
Concerning the guidelines mentioned under the Insurance Regulatory and Development Authority of India (IRDAI), the insuring company must clearly state the risks involved. If the company is refusing to issue the claim under the condition of ACT OF GOD, then they should have mentioned this earlier in the policy document itself. 
In the provided scenario, the shop owner can lodge a complaint in the office of the District Consumer Disputes Redressal Forum stating the provisions of the Consumer Protection Act, 2019, as this act tends to protect the consumers concerning the deficiencies in service. 
He can also argue that the insurance company has failed to fulfill its contractual obligations. One plus point that the shop owner has is that the document doesn’t specifically mention that they will not issue the claim or they will not protect him if any situation under the ACT OF GOD occurs. 
They just mentioned that they would protect him against any human-caused activity. If their policy doesn’t cover these types of occurrences, then they should have stated this clearly in the document itself. 
Additionally, the shop owner can also approach the Insurance Ombudsman stating the rules mentioned in the Insurance Ombudsman Rules as this will provide him with an Alternative Dispute Resolution mechanism, that allows quicker solutions without any legal proceedings. 
There are chances that the shop owner will subsequently get the claim issued as in the case of United India Insurance Co. Ltd. v. K. J. John (2008), the Supreme Court of India has stated that the insurance company cannot deny the claims when they are not having any substantial evidence that the loss falls under the conditions which were excluded in the clauses of the Insurance document. 
Also, the court has stated that the insuring company must illustrate that loss which has occurred from and excluded risk (not mentioned in the policy document) in the case of National Insurance Co. Ltd. v. Swaran Singh (2004).
Finally, I would like to say that the shop owner has a greater chance of winning the case if he files a petition against the Insurance company, and if he doesn’t file a petition then he can go with the Alternate Dispute Resolution methods like Mediation, etc. 

P. Venu (Advocate)     30 October 2024

Any definite opinion requires that the policy be read and issues discussed. 

By the way, what is the Act of God that you are referring to?

T. Kalaiselvan, Advocate (Advocate)     30 October 2024

If the insurance company has repudiated the claim citing the said absurd reason, you may file a complaint  with the consumer commission for deficiency of service and compensation.

You get the policyconditions perused by your lawyer and get his opinion to continue the matter legally in furtherance

Real Soul.... (LEGAL)     31 October 2024

If the policy does not covered your natural disaster risks you cannot calim anything

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 October 2024

The shop owner can take the following measures:

1. Review the insurance policy: Check if the policy covers damages caused by Acts of God (natural calamities like floods, earthquakes, etc.).

 2. Claim filing: File a claim with the insurance company, providing detailed documentation of the loss and damage.

 3. Communication: Write to the insurance company, highlighting the absence of any exclusion clause related to Acts of God in the policy.

4. Legal advice: Consult a lawyer specializing in insurance law to explore possibilities of disputing any rejection or underpayment of the claim.

 5. Consumer court: If necessary, approach the consumer court or insurance ombudsman for redressal.

 6. Government assistance:

 If the loss is due to a natural disaster, the shop owner may be eligible for government compensation or relief. Explore such options.

Remember to keep detailed records, correspondence, and documentation to support the claim. 

The shop owner may also consider seeking legal advice to determine the best course of action.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register