such, the Opposite Parties are well within their right to repudiate the claim
of the Complainant. So, the claim put
forward by the complainant ... been repudiated after 2 years
from the date of effecting insurance then in all such cases an insurer can not repudiate the claim
indemnified the claim in respect of policy
No.170739201 for Rs.3 lakhs. However,
claims in respect of three other policies were repudiated ... settled, while in respect of three were repudiated. The action of the OPs in repudiating the
claim held to be wholly arbitrary, unwarranted, illegal
entitled to get claim.
Opposite party by its order dated 30.10.2002 repudiated the claim,
hence, complainant filed complaint.
Opposite party resisted the complaint, filed written ... Insurance Company.
8. Perusal of record reveals that opposite
party expressly repudiated claim of the petitioner vide letter dated 30.10.2002
and afterwards, merely by rejecting
party-Insurance Company arbitrarily ignoring the report of the surveyor have
repudiated the claim only holding that the stocks were not held under any
burglar ... three grounds of repudiation. The opposite party-Insurance Company was not
justified in repudiating the claim especially when the surveyor had assessed
the loss
life assured. Petitioner No. 2/opposite party No. 2
repudiated the claim of the nominee on 6.12.2000 stating that the deceased had
withheld the material ... After the repudiation, the nominee represented the matter to Zonal
Manager of the petitioner-company on 29.12.2000, who also repudiated the claim
caused to her due to the petitioners deficiency in service in repudiating her
claim, and cost of Rs.5000/-.
2. The
complainant is the widow ... deceased husband and return of the documents. However, the
petitioner/OP repudiated the claim by its letter dated 12.12.2008 stating as
under:
We have referred
three claims through its letter of 29.8.2007.
6. Per contra, the case of the appellant/OP
was that the claims have been repudiated only ... need for appointment of a second surveyor
and that the claim was repudiated on the basis of the second surveyor report on
29/08/2007
claim on 11.11.2002 with
supporting documents towards the estimated loss of Rs.7,62,500/-. Respondent instead of indemnifying the claim,
repudiated the same ... evidence on record. We note that the
Respondent/ Insurance Company essentially repudiated the claim of the Petitioner
on the following grounds:
(i)
Since the insured
However, the State Commission concluded that the Respondent was
justified in repudiating the claims in respect of the other two policies since
there was documentary ... erred in concluding that the
Respondent/Insurance Corporation was justified in repudiating the claim in respect of two
insurance policies on the grounds that Appellants
covered under the special contingency policy as critical illness, the claim was
repudiated. Since Coronary Artery
Surgery is covered as per the Scheme within ... Respondent was aggrieved by the unjustified decision of the Petitioner to
repudiate the claim and therefore, filed a complaint before the District Forum
on grounds