Kalpana.S (-) 18 March 2008

Repudiation of insurance claim?

Can a complaint be filed for repudiation of an insurance claim? Any case laws on the subject?

8 Replies

SANJEEB PADHI (UNEMPLOYED) 18 March 2008

Of Course you can file a case in case of repudiation of an Insurance claim. You can either move the either the Civil Courts or the Consumer Disputes Redressal Forums / Commission of proper pecuniary / Territorial jurisdiction for the relief. There are 1000s of case Laws. You may better express what exactly is your case, for any further suggestions.

Prakash Yedhula (Lawyer) 18 March 2008

This is with regard to the fire accident in a textile mill. The insurance company repudiated the claim on the reason that the cause of fire is not known

SANJEEB PADHI (UNEMPLOYED) 19 March 2008

What ever may be the cause of the fire, you got to see if the unfortunate incident falls under "accident" or not and secondly you got to go through the policy of insurance to examine whether the cause so also the victim is insured thereunder or not. If so, unless there is gross violation of the policy terms & conditions by the victim or the Insured Company(means the mill), the insurer is bound to indemnify the insured(mill) for the loss sustained by its worker and make good the compensation to the victim as per the terms & condition of the policy. Failing which, the victim(if alive) or his dependents(if dead) can move the Court under the workmens compensation Act for compensations.

Guest (n/a) 25 March 2008

sir plz tell me how i proove pre-exisiting disease end complainant have no knowledge of his disease and take a mediclaim policy. plz teill about any cititaion

Prakash Yedhula (Lawyer) 26 March 2008

You can log in at https://ncdrc.nic.in/ and in the judgments section look out for

1) O.P.No.297 of 1998 between Hewlett-Packard Global Soft Ltd. [formerly Digital Equipment (India) Ltd.] Versus United India Insurance Co. Ltd.

2) O.P.No.101 of 2004 between Padam Cotton Yarns Ltd. Karnal Versus New India Assurance Co. Ltd. & Others

3) F.A.No.318 of 1999 between M/s. Komal Textiles & Printing Industries, Through: Managing Partner, Shri Subhash Singh, Village Nimbri, Sonali Road, Panipat (Haryana) Versus National Insurance Company Ltd. Through its Branch Manager, G.T. Road, Sangeet Cinema, Panipat (Haryana) & Another

4) O.P.No.86 of 1998 between M/s. Prakash Industries Ltd. Versus National Insurance Co. Ltd. & Others

The citations are to be seen in CPJ etc

SANJAY DIXIT (Advocate) 17 April 2008

Thanks for the link dear Yedul.

Pankaj Rai (Lawyer) 14 September 2008

so many rulings in C.P.R.,C.P.J.& C.C.C..

Kindly go through the above books.

klass (america) 27 August 2011

The Public Adjusters will commit an entire team of experts to your case including licensed and bonded insurance adjusters in order to provide the most comprehensive support for your claim