Survey report & insured

[Naresh Kukkar]

Insurance surveyor submits survey report to insurer for survey done by him. Report is submitted to insurer because insurer pays for it. We are independent surveyors and we do the work of loss assessment without prejudice. Now if insured wants to know or check the report, should we deny it? Earlier it was common practice. Even we write on report private and confidential.

Now two cases came in my knowledge.  In one case insured was told to submit 12000 in cashless ND policy as company received less amount. He wants the report of surveyor. Surveyor denied it and insurer also denied it. Now he is asking through RTI.

In second case smart card license of insured was declared fake by one surveyor. Insured wants the photocopy of that report but insurer denied. Case disturbed and court cases came up in sequence basis.

So in contact between insured and insurer giving claim with honor is now demand of customer. And things should be more transparent so that process of claim should be seamless.           

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Naresh  Kumar Kukkar
Jalalabad( W), Punjab
nku...@gmail.com
01638-254054
09814706491

[Ashok Kumar Singh.]

Respected sir,

Yes off course Insured can take a Survey report copy from Surveyor. It is the part of duties and Responsibilities of Surveyor as per Surveyor Regulations 2015. 

First of all I am sharing the Surveyor,s role, duty and responsibilities as per Surveyor Regulations 2015.

DUTIES AND RESPONSIBILITIES OF A SURVEYOR AND LOSS ASSESSOR

13. It shall be the duty of every Licensed Surveyor and Loss Assessor to investigate, manage, quantify, validate and

deal with losses (whether insured or not) arising from any contingency, and report thereon to the insurer or

insured, as the case may be., All Licensed Surveyors and Loss Assessors shall carry out the said work with

competence, objectivity and professional integrity and strictly adhere to the code of conduct as stipulated in these

Regulations.

(1) The following, shall, inter alia, be the duties and responsibilities of a Surveyor and Loss Assessor:-

(a) declaring whether he has any interest in the subject-matter in question or whether it pertains to any of his

relatives, business partners or through material shareholding;

Explanation: For the purpose of this clause ‘relatives’ shall mean any of the relatives as defined in Subsection

(77) of Section 2 of the Companies Act, 2013;

(b) Bringing to the notice of the Authority, any change in the information or particulars furnished at the time

of issuance of license, within a period not exceeding fifteen days from the date of occurrence of such

change, that has a bearing on the license granted by the Authority

(c) maintaining confidentiality and neutrality without jeopardising the liability of the insurer and claim of the

insured;

(d) conducting inspection and re-inspection of the property in question suffering a loss;

(e) examining, inquiring, investigating, verifying and checking upon the causes and the circumstances of the

loss in question including extent of loss, nature of ownership and insurable interest;

(f) conducting spot and final surveys, as and when necessary and comment upon franchise, excess/under

insurance and any other related matter;

(g) estimating, measuring and determining the quantum and description of the subject under loss;

(h) advising the insurer and the insured about loss minimisation, loss control, security and safety measures,

wherever appropriate, to avoid further losses;

(i) commenting on the admissibility of the loss as also observance of warranty conditions under the policy

contract;

(j) surveying and assessing the loss on behalf of insurer or insured;

(k) assessing liability under the contract of insurance;

(l) pointing out discrepancy, if any, in the policy wordings;

(m) satisfying queries of the insured/insurer and of persons connected thereto in respect of the claim/loss;

(n) recommending applicability of depreciation, percentage and quantum of depreciation;

(o) giving reasons for repudiation of claim, in case the claim is not covered by policy terms and conditions;

(p) taking expert opinion, wherever required;

(q) commenting on salvage and its disposal wherever necessary.

(2) A surveyor or loss assessor whether appointed by insurer or insured, shall submit his report to the insurer as

expeditiously as possible, but not later than 30 days of his appointment, with a copy of the report to the insured

giving his comments on the insured’s consent or otherwise on the assessment of loss. Where, in special

circumstances of the case, either due to its special and complicated nature, the surveyor shall under intimation to

the insured, seek an extension, in any case not exceeding six months from the insurer for submission of his report.

(3) In cases where the Survey report is pending due to non completion of documents, the surveyor may issue the final

survey report independently based on the available documents on record, giving minimum three reminders in

writing to the insured.

(4) If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the

surveyor under intimation to the insured, to furnish an additional report on such incomplete issues. Such a request

may be made by the insurer within 15 days of the receipt of the original survey report.

Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than once

in the case of a claim.

(5) The surveyor on receipt of this communication shall furnish an additional report within three weeks of the date of

receipt of communication from the insurer.

Some Myths:

Consumable part in Motor OD claim assessment:-  In Insurance Contract has no definition of Consumable parts and about its exclusion. Most of the time We do not allow the consumable parts in any claim and we give the reason for it that consumable parts are not covered in the insurance policy. But any motor comprehensive Insurance policy has no such exclusion in writing in insurance policy.

In Motor OD claim has a important role of Principle of Indemnity:- 

Principle of indemnity:- The principle of indemnity arises under common law which requires that an insurance contract should be a contract of indemnity only and nothing more. this means that the loss or damage must be made good in such a manner that financially the insured should be neither better off nor worse off as a result of loss.

The object of the principle is to place the insured after a loss in the same financial position as far as possible, as he occupied immediately before the loss. the effect of this principle is to prevent the insured from making a profit out of his loss or gaining any benefit or advantage.

 

With regards,

Ashok Kumar Singh.

Surveyor & Loss Assessor.

Greater Noida, U.P..

06.10.2016.   

[Denesh Saxena]

Dear Mr. Kukkar,

You have talked some thing of yesterdays only and was even then
wrongly understood . On this date even insured can assign a surveyor
for assessing his loss as such no question remains there for survey
reports being private and confidential.

What meanings from private and confidential can be derived when the
consents are to be seeked from insured too for the assessments.

We surveyors have to do jobs with out prejudice in all the aspects and
can never hide any thing from either party i.e. insurer or insured.

If demanded in all the cases the copies of survey reports can
definitely be given to insured its being their right.

Regards

D.K. SAXENA
HALDWANI
Mob. No. 9837048029

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[S. Anoop Kumar]

Surveyor Regulations 2000 mandates that the surveyor should part with a copy of the survey report to the insured.  So we cannot refuse to part with a copy of the survey report, if and when asked for by the insured, and the insured can complain to IRDA against the surveyor and make it an issue (an even demand action) for his rights as a consumer are denied and the surveyor is acting against the regulations prescribed, which is law.  

S. Anoop Kumar.  

[mohan israni]

Dear Mr. Denesh Saxena,

It is being seen that the Insureds are authorized to appoint a surveyor direcly in only such cases where the Insurers have given them such option and not as a normal practice. This privilege of self appointing the surveyor is given to only very selected high profile Insureds like : L&T, Reliance, TISCO etc. Here again the Insureds are given a list of 5 to 10 surveyors with the clear understanding that the they will give the survey-work in rotation. It has to be noted here that the report whether preliminary or the final is always to be handed over to Insurers and not the Insureds. Now as for as the reports being confidential, it is the normal practice,  that it is marked as " Privileged Confidential" since this gives a freedom to Insurers to handover the copy of the report to any one they feel right and necessary. This can easily be explained to Insureds in case they demand the report from surveyors appointed directly by them.  Best Wishes                                    Mohan Israni

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[B D Mohta]

Fellow members,

I am of the view that copy of Survey Report may be given to the Insured after receiving full payment of survey fees since without getting fees, the Insured will take full use of Survey Report without receipt of our survey fee bill. We are not employees and insurance companies very often are not giving full fees or not giving payment of bills at all although claims are rejected. We surveyors will be giving our report to the Insured if we do not get our fees and Insured will utilize our Report free of cost. In such case where from we can get our fees. It is not binding on us to release Survey Report without getting our due remuneration for doing the jobs. There is nothing wrong to release Survey Report to the Insured only after receiving  our dues and we have direction from IRDAI Regulations to give a copy of our Report to the Insured so we will not be at violation. I am sure IRDAI will not object if we are demanding our fees before release of our Survey fees as Survey Report cannot be parted free of cost and we will be bound to reply all queries on our Survey Report. IRDAI cannot direct us to release Report free of cost. We are bound by Code of Conduct & Code of Ethics. Members views are solicited. Thanks.

CMA B. D. Mohta, Bangalore

B. D. Mohta, Bangalore 

Sent from my iPhone

On Oct 8, 2016, at 6:47 AM, S. Anoop Kumar <s.anoo...@gmail.com> wrote:

f

[Kaplesh Krishan Bayala]

I fully agree with Sh B D Mohta ji. IIISLA should issue circular on this.

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[Naresh Kukkar]

In all matters where confusion occur among surveyors brothers be settled in one voice through clear directions from IIISLA. So that smooth running of profession occur. 

On Sat, Oct 8, 2016 at 1:58 PM, Kaplesh Krishan Bayala <kkba...@gmail.com> wrote:

I fully agree with Sh B D Mohta ji. IIISLA should issue circular on this.

On 8 Oct 2016 11:30, "B D Mohta" <bdm...@gmail.com> wrote:

Fellow members,

I am of the view that copy of Survey Report may be given to the Insured after receiving full payment of survey fees since without getting fees, the Insured will take full use of Survey Report without receipt of our survey fee bill. We are not employees and insurance companies very often are not giving full fees or not giving payment of bills at all although claims are rejected. We surveyors will be giving our report to the Insured if we do not get our fees and Insured will utilize our Report free of cost. In such case where from we can get our fees. It is not binding on us to release Survey Report without getting our due remuneration for doing the jobs. There is nothing wrong to release Survey Report to the Insured only after receiving  our dues and we have direction from IRDAI Regulations to give a copy of our Report to the Insured so we will not be at violation. I am sure IRDAI will not object if we are demanding our fees before release of our Survey fees as Survey Report cannot be parted free of cost and we will be bound to reply all queries on our Survey Report. IRDAI cannot direct us to release Report free of cost. We are bound by Code of Conduct & Code of Ethics. Members views are solicited. Thanks.

CMA B. D. Mohta, Bangalore

B. D. Mohta, Bangalore 

Sent from my iPhone

On Oct 8, 2016, at 6:47 AM, S. Anoop Kumar <s.anoo...@gmail.com> wrote:

f

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[swapan basu]

In my opinion  there is no harm in handing over Survey Report to  the Insured. But before that ask the Insured to settle the Survey Fees first. Issue a payment receipt to the Insured. The Insured will get reimbursement from the Insurer.

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From: B D Mohta
Sent: ‎08-‎10-‎2016 09:16
To: insurance-su...@googlegroups.com
Cc: insurance...@googlegroups.com; iiisla...@googlegroups.com
Subject: Re: Survey report & insured

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[Ashok Kumar Singh.]

Respected sir,

Still all surveyors are not member of IIISLA. Surveyor regulations has a transitory provision of 03 years.I have not doubt about it. I am saying as per Surveyor regulations 2015. It is very clearly mentioned in regulations.

With regards,

Ashok Kumar Singh.

Greater Noida, U.P..  

[Ashok Kumar Singh.]

Respected sir,

Most of the time, we give the survey services to insured / insurers previously and we get our survey fees after the claim settlement.  But we have to follow the code of conduct and Duties & responsibilities of Surveyors as per Surveyor regulations 2015.

I am sharing some points:-

Insurance Regulatory and Development Authority of India (Insurance Surveyors and Loss Assessors)

Regulations, 2015.

(2) They shall come into force on the date of their

licensed insurance Surveyors and Loss Assessors.

2. Definitions:-

(13) “Surveyor and Loss Assessor” means a person who is licensed by the Authority to act as Surveyor and

Loss Assessor.

12. Appointment of Surveyors and Loss Assessors.

(1) No person or a firm or a company shall act as a Surveyor and Loss Assessor without being licensed

under Regulation 3 or Regulation 4, as the case may be.

(2) Surveyors and Loss Assessors shall be appointed either by insurers or insured to assess loss under a

policy of insurance in respect of

(a) Motor insurance – above Rupees fifty thousand

(b) Other than motor insurance – above Rupees one lakh

(3) The above mentioned limit shall be reviewed every three years by the Authority.

(4) Such appointment of a surveyor for assessment of loss shall be made within 72 hours from the time the

occurrence of loss was known to the insurer or insured, as the case may be. Notice of such appointment

shall be sent in writing to the insurer or insured as the case may be and shall form part of the claims

settlement process.

(5) A Surveyor and Loss Assessor shall assess losses of only those departments specified in his/her or its

license.

DUTIES AND RESPONSIBILITIES OF A SURVEYOR AND LOSS ASSESSOR

13. It shall be the duty of every Licensed Surveyor and Loss Assessor to investigate, manage, quantify, validate and

deal with losses (whether insured or not) arising from any contingency, and report thereon to the insurer or

insured, as the case may be., All Licensed Surveyors and Loss Assessors shall carry out the said work with

competence, objectivity and professional integrity and strictly adhere to the code of conduct as stipulated in these

Regulations.

(1) The following, shall, inter alia, be the duties and responsibilities of a Surveyor and Loss Assessor:-

(j) surveying and assessing the loss on behalf of insurer or insured;

(m) satisfying queries of the insured/insurer and of persons connected thereto in respect of the claim/loss;

(2) A surveyor or loss assessor whether appointed by insurer or insured, shall submit his report to the insurer as

expeditiously as possible, but not later than 30 days of his appointment, with a copy of the report to the insured

giving his comments on the insured’s consent or otherwise on the assessment of loss. Where, in special

circumstances of the case, either due to its special and complicated nature, the surveyor shall under intimation to

the insured, seek an extension, in any case not exceeding six months from the insurer for submission of his report.

CODE OF CONDUCT

16. Every Surveyor and Loss Assessor shall-

(4) conduct himself with courtesy and consideration to all people with whom he comes into contact during

the course of his work;

(21) Comply with all the provisions of the Act, the IRDA Act, the Rules and Regulations made there under and

other orders, directions and guidelines issued by the Authority from time to time.

With regards,

Ashok Kumar Singh.

Surveyor & Loss Assessor.

Greater Noida, U.P..

201308.

   

On Wednesday, October 5, 2016 at 8:14:05 PM UTC+5:30, Naresh Kukkar wrote:

[Govindprasad Chandak]

As put by Mr. Anoop, the survey report is no more confidential.

In case Insured demand a copy, ask him to get it from insurer who are bound to provide a copy of the same. If insurer refuse in writing to share the copy,then take a letter from the insurer with a request to provide the copy & that he is ready to pay the fees (only) for the same. As without paying the fee (consideration) it has no weightage. To avoid such embarrassing situation, better inform insured about important part of the assessment & recommendation.

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Chandak GM, Hyd

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