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Insurance

9 articlesLatest 3 weeks ago
Insurer Liable for Deficiency in Service for Failing to Inform Non-Renewal | Section 12 CPA 1986 : Punjab CDRC
Case Law Analysis

Insurer Liable for Deficiency in Service for Failing to Inform Non-Renewal | Section 12 CPA 1986 : Punjab CDRC

The Punjab State Consumer Disputes Redressal Commission held that an insurer’s refund of premium without informing the insured constitutes a deficiency in service under Section 12 of the CPA 1986, leaving the policyholder uninsured at the time of loss. It affirmed compensation of ₹9 lakh with 8% interest, ₹2 lakh for mental agony and ₹21,000 costs, affecting policyholders who rely on timely renewal notices.

Section 157 MVA Applies Only to Third-Party Risk Insurance, Excludes Own-Damage Claims | Transfer of Insurance Not Applicable : WB SCC
Case Law Analysis

Section 157 MVA Applies Only to Third-Party Risk Insurance, Excludes Own-Damage Claims | Transfer of Insurance Not Applicable : WB SCC

The West Bengal Consumer Commission ruled that Section 157 of the Motor Vehicles Act governs only third-party risk insurance, so insurers cannot deny own-damage payouts on the basis of a transfer of policy. This limits insurers’ ability to invoke Section 157 to reject claims for damage to the insured vehicle itself, affecting vehicle owners seeking compensation for their own losses.

Unwritten Security Safeguards Cannot Void Insurance Claim | Policy Exclusion under Consumer Protection Act : WB State Consumer Commission
Case Law Analysis

Unwritten Security Safeguards Cannot Void Insurance Claim | Policy Exclusion under Consumer Protection Act : WB State Consumer Commission

Insurers may not rely on informal security measures not written into the policy to deny coverage, and a corporate entity is recognised as a consumer under the Consumer Protection Act. The commission awarded the claimant Rs 44.53 lakh with interest and costs. This ruling mandates that policy exclusions be expressly documented and extends consumer protections to corporate borrowers.

Delay in Insurance Repudiation & Non-Disclosure of Survey Report Constitute Deficiency Under Consumer Protection Act : NCDRC Awards Rs. 4.75 Lakh with 6% Interest
Case Law Analysis

Delay in Insurance Repudiation & Non-Disclosure of Survey Report Constitute Deficiency Under Consumer Protection Act : NCDRC Awards Rs. 4.75 Lakh with 6% Interest

NCDRC rules that insurers cannot delay repudiation for nine years or withhold survey reports, as it amounts to deficiency in service under the Consumer Protection Act. The Commission awarded Rs. 4,75,648.71 with 6% interest, reinforcing the duty of insurers to act transparently and promptly in claim settlements.