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Insurer can’t deny claim on grounds of delayed filing, says Supreme Court
No insurance claim for theft committed without forcible entry, under the policy for burglary/house breaking

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Insurer can’t deny claim on grounds of delayed filing, says Supreme Court

Timesofindia.indiatimes.com
Oct 8, 2017
NEW DELHI: The Supreme Court has ruled that insurance claims cannot be denied to a person merely on the grounds of delay in filing the claim, holding that “mechanical” denials on technical bases will cause people to lose confidence in the industry.
A bench of Justice R K Agrawal and Justice S Abdul Nazeer set aside the verdicts of various consumer courts, including the National Consumer Disputes Redressal Commission (NCDRC), which had ruled that insurance companies could deny the benefit of cover for delay in filing the claims …

No insurance claim for theft committed without forcible entry, under the policy for burglary/house breaking

Aug 24, 2016 : Dtf.in
NEW DELHI: The Supreme Court has ruled that a forcible entry is required for a claim to be  allowed  under  the  policy  for  burglary/house breaking.
Citing a 2004 SC judgment, Justice Rao said, “In the absence of violence or force, the insured cannot claim indemnification against the insurance company. The terms of the policy have to be construed as it is and we cannot add or subtract something. Howsoever liberally we may construe the policy, we cannot take liberalism to the extent of substituting the words which are not intended. “…in common parlance, the term ‘burglary’ would mean theft but it has to be preceded with force or violence. If the element of force or violence is not present, then the insured cannot claim compensation against theft from the insurance company.”
According  to  the counsel for the Appellant, forcible  and violent entry is not necessary for making a valid claim  under  the  policy.
The claim of the Appellant was repudiated by the insurance company on 31.03.1998 on the ground that the alleged loss did  not come within the purview of the insurance policy.
The PSU’s appeal has been dismissed by the Hon’ble Supreme Court.
More: SC Judgement dated 22.08.2016 – M/s. Industrial Promotion & Investment Corp. of Orissa Ltd. Vs. New India Assurance Company Ltd. & Anr. >>> Supreme Court Judgments

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