Legal Question in Insurance Law in India

Regarding Home Insurance claim from ICICI Lombard

Hi,

I would try to describe my case on precise manner. There was burglary held in my house located in Kolkata and at that time the house was under lock and Key for more than 2 months. As my home was insured hence i claimed the insurance amount from ICICI Lombard. But they discarded my request saying that in their exclusion points, there is one clause on which it is written that any house which is unoccupied more than 30 days and not notified to bank earlier, otherwise the bank is not liable to process the request.

My question is that, in the exclusions point of bank document it is not cleared that if a customer not notifies the unoccupied property to bank with the stipulated time than bank will totally stop the insurance claim.

Pls suggest how to proceed further, I have the FIR copy for the burglary happened to my home and I have also taken the snaps of the damages made by the miscreants.


Asked on 6/27/07, 10:31 am

4 Answers from Attorneys
vimal shanthilal Vimal Law Associates

Re: Regarding Home Insurance claim from ICICI Lombard

let me know if the exlucsion clause was brought to your notice positively by obtaining you signature to bind you under said clause. Even if so the word "unoccupied" can be interpreted in several ways, having your house under lock and key with your belonging in it would't mean it remained unoccupied. Any ambiguity in the terms of Policy would speak in favour of the insured as per several ruling of apex court as also high court, national commission and state commission for consumers. pursue you claim. If a copy of the Policy and its terms is given better suggestion can be given.

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Answered on 6/28/07, 12:22 pm
kavitha balakrishnan kpp associates

Re: Regarding Home Insurance claim from ICICI Lombard

the terms and conditions - agreement - is the most vital document - when there was such condition and if you had signed it acknowledging it then there is no question that the matter was not explained to you! in the eye of law - you had ample means to get to the details and that you agreed to abide by the terms and condition/ rules so now you cannot go back on it!- may be you can try talking to some senior officials of the insurance company - you just try!

best of luck!

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Answered on 6/27/07, 11:57 am

Re: Regarding Home Insurance claim from ICICI Lombard

Details of agreement is required to be examined.Your house was not unoccupied as the same was under your occupation under your key and lock.contact with details.

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Answered on 6/27/07, 2:12 pm
G. M. Gupta gmguptaandassociates

Re: Regarding Home Insurance claim from ICICI Lombard

please send the copy of the exclusion clause and then consult me for proper advice.

however for the timebeing it seems that bank is avoiding ur claim but u can get this by making some efforts.

For further advice contact me personallly. consultation charges will apply.

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Answered on 7/01/07, 8:17 am


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