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Cement Corporation Of India – Appellant
Versus
ICICI Lombard General Insurance Company Limited – Respondent
| Table of Content |
|---|
| 1. insurance contract and claim initiation. (Para 1 , 2 , 3 , 4 , 6 , 7) |
| 2. proximate cause criteria for indemnification. (Para 8 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. interpretation of policy exclusions. (Para 9 , 20 , 21 , 22 , 23 , 25 , 26 , 27 , 28) |
| 4. ruling on claim repudiation. (Para 30) |
| 5. final judgment to rectify previous errors. (Para 31) |
JUDGMENT :
1. This appeal has been preferred by the Appellant challenging the Judgment dated 16.07.2015 (hereinafter referred to as “impugned judgment”) passed in CASE NO.210/2009 by the National Consumer Disputes Redressal Commission, New Delhi (hereinafter referred to as “NCDRC”). The NCDRC, thereby dismissed the complaint preferred by the Appellant-Insured herein, thus denying the Appellant any reimbursement/claim from the Respondent-Insurance Company herein.
2. The brief facts giving rise to the controversy are that the Appellant, a Government company, invited tender for insurance for its various Units/Dumps/Offices etc., in June 2005. Pursuant to the said tender, on 16.06.2005 the Respondent herein submitted its quote for centralized insurance policy and consequently, on being declared as the successful bidder, the R
Insurance claims must be covered by specified perils, excluding clauses strictly construed favoring the insured, as the proximate cause of fire damages is immaterial absent specific exclusions.
The duty to disclose material facts runs throughout the continuance of the contract of insurance and it is binding on both parties to the contract.
(1) Insurance – Standard Fire and Special Perils Policy and Customs Duty Package Policy – Precise cause of a fire, whether attributed to a short-circuit or any alternative factor, remains immaterial,....
“In a claim for loss by fire, origin of fire could be quite immaterial, so long as the factum of fire and factum of damage established.”
Insurance policy – Exclusion clause – Burden of proof is on the insurer to show that case falls within the purview of exclusion clause – In case of ambiguity, benefit goes to insured.
(1) Surveyor Report – Surveyor Report is an important piece of evidence and it has to be given due weight, though it is not sacrosanct and it can be displaced by leading a cogent evidence.
When insurance policy itself defines acts of terrorism in Exclusion Clause, terms of policy being a concluded contract will govern rights and liabilities of parties – Parties cannot rely upon definit....
“Repudiation of insurance claim on ground of exclusion clause in the policy, since not expressly conveyed to the insured, amounts to deficiency in service.”
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