Holding the insurer to the conditions and warranties of the policy, the South Mumbai Consumer Commission Dismisses Rs 5.67 Crore Fire Insurance Claim made by the operator of the 1Above restaurant at Kamala Mills over the December 2017 fire. Mumbai: A claim of Rs 5,67,25,045 for losses in the fire of December 29, 2017 at […]
The Supreme Court has set aside an NCDRC order that had directed New India Assurance to pay Rs 2.4 crore on a fire-insurance claim, holding that the insured had projected a false and inflated claim in breach of the policy conditions, and that the Commission could not brush aside the reports of the surveyors, which negated the claim on facts, without the insured pointing to any specific statutory deficiency in them. The insured’s cross-appeal seeking a higher award was dismissed.
The Supreme Court ruled that exclusion clauses in insurance policies must be interpreted strictly and any ambiguity must benefit the insured. The Court held that when loss is caused by fire, the reason behind the fire becomes irrelevant for insurance liability.
