DAMAGED STOCKS DUE TO RAIN.

[Surinder Mohan Verma]

Dear Sir,
 
The godown was insured under Fire Policy. Due to storm the roof of godown was damaged. The Insured lodged the claim for the loss due to storm.
 
 The next day the roof was under repairs and there was heavy rain, the stocks lying in the godown were damaged. The stocks were also insured under Fire Policy. The Insured lodge the claim for stocks.
 
Is the claim to stocks payable or not.
 
Surrinder Mohan Verma
Abohar - Pun jab
94170 79248
 
 

[chandra dasaraju]

Dear Sir,
The chain of events that started with storm did not end. While the
roof is not yet reinstated the rain damaged the stocks held in the
roof damaged godown. Hence, the proximate cause happens to be storm
since the rain occured the very next day, and claim on stocks as well
as shed becomes payable.
Thanks & Regards,
dcs raju, hyderabad.
+91-99490-95995.

On Jun 9, 4:01 am, Surinder Mohan Verma <verma_abo...@hotmail.com>
wrote:

[Gautam Basu]

Yes. Stocks damaged due to rain is payable.

On Jun 9, 4:01 am, Surinder Mohan Verma <verma_abo...@hotmail.com>
wrote:

[ASAR]

Dear Sir,                    I am of different opinion.  When the wind is over and the phenomenon of storm is completed.  The chain of event due to the storm was cut and the damage due to rain on the next day was another event.  It was the duty / responsibility of the insured to remove or protect the stocks after the incident.                     I am of the opinion that the damage to stocks due to the rain on the next day is not covered by the policy.  But the damage to the stocks if any on the day of storm is covered well within the policy.   ASAR         -------Original Message-------

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[chandra dasaraju]

Dear Sir,
I agree with your contention, that rain is an uncovered peril in SFSP
policy. But if storm has occured the previous day, and rain followed
the next day (stormy conditions prevail normally for more than a day),
the proximate cause becomes Storm (and not rain). That is why I have
putforth unbroken chain of events theory. Since, storm occured and
damaged the roof, it is possible that the insured got no time to
repair the sed roof in time, or move the stocks to safety - think of
the damage in as it occured condition to be presented to the insurer /
surveyor, in any loss situation.

Hope that clarifies my stand on the referred issue.

Thanks & Regards,
dcs raju, hyderabad.
+91-99490-95995.

On Jun 9, 12:38 pm, "ASAR" <asantony...@gmail.com> wrote:

[Vikas Agrawal]

Dear Sir,

 

In my opinion the loss due to rain is a consequential loss, which is not covered in the policy.

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Thanks and Regards

For Vikas Agrawal & Co.
Vikas Agrawal
(Surveyors & Loss Assessors)
4/7, Gautam Nagar
(Opp. Swadhyay Bhavan)
Mandsaur- 458002 (M.P.)
Ph.07422-243257, 408882
Cell. 94250-78811, 98270-05042.
e-mail : vikas...@gmail.com, renu...@yahoo.com

[Murlidhar Shenvi shenvi]

Please confirm that wind velocity confirms to storm then only the claim is admissible. Weather report from compitant authorities should be obtained to confirm the wind velocity & Storm.

M.R.Shenvi
Gulmohar D
Carranzalem
Goa, India
403002
Tel: 0091832464594
Goa Office: M. R. Shenvi
                Sunrise Building,
                Govener Pastana Road,
                Panjim, Goa, India 4003001
         Tel:  0091832 2224417
         Fax: 0091832 2425056
Mumbai Office: M. R. Shenvi & Associates
                Room No. 52
                Bupatbhuvan, Vajukotak Marg, Fort
                Mumbai 400 001
          Tel:  009122 22642080
         Fax:   009122 22645060
 
                Mumbai, India, 4000001
               



 

---

Date: Wed, 9 Jun 2010 13:08:09 +0530
From: asant...@gmail.com
To: insurance...@googlegroups.com
Subject: {Surveyors:4828} DAMAGED STOCKS DUE TO RAIN.

Dear Sir,                    I am of different opinion.  When the wind is over and the phenomenon of storm is completed.  The chain of event due to the storm was cut and the damage due to rain on the next day was another event.  It was the duty / responsibility of the insured to remove or protect the stocks after the incident.                     I am of the opinion that the damage to stocks due to the rain on the next day is not covered by the policy.  But the damage to the stocks if any on the day of storm is covered well within the policy.   ASAR

-------Original Message-------   From: chandra dasaraju Date: 06/09/10 09:20:59 To: Insurance surveyors Subject: {Surveyors:4812} Re: DAMAGED STOCKS DUE TO RAIN.   Dear Sir, The chain of events that started with storm did not end.  While the roof is not yet reinstated the rain damaged the stocks held in the roof damaged godown.  Hence, the proximate cause happens to be storm since the rain occured the very next day, and claim on stocks as well as shed becomes payable. Thanks & Regards, dcs raju, hyderabad.

+91-99490-95995  +91-99490-95995 .

On Jun 9, 4:01 am, Surinder Mohan Verma <verma_abo...@hotmail.com> wrote:   -- You received this message because you are subscribed to the Google Groups "Insurance surveyors" group. To post to this group, send email to insurance...@googlegroups.com. To unsubscribe from this group, send email to insurance_surve...@googlegroups.com. For more options, visit this group at http://groups.google.com/group/insurance_surveyors?hl=en.

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---

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[avasthi...@indiatimes.com]

Dear Sir,

 In this type of circumstances, effect of proximate cause can be judge by taking the meteorological report from the competent department for the end time of storm in that particular area, for the conclusion of the proximate cause under the policy.


Shishir Kant Avasthi

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[Gautam Basu]

Dear Sir,
My opinion is the same as said.
Thanks.
Regards.

On Jun 9, 12:38 pm, "ASAR" <asantony...@gmail.com> wrote:

> Dear Sir,
>
>                  I am of different opinion.  When the wind is over and the
> phenomenon of storm is completed.  The chain of event due to the storm was
> cut and the damage due to rain on the next day was another event.  It was
> the duty / responsibility of the insured to remove or protect the stocks
> after the incident.  
>
>                  I am of the opinion that the damage to stocks due to the
> rain on the next day is not covered by the policy.  But the damage to the
> stocks if any on the day of storm is covered well within the policy.
>

> ASAR-------Original Message-------

>
> From: chandra dasaraju
> Date: 06/09/10 09:20:59
> To: Insurance surveyors
> Subject: {Surveyors:4812} Re: DAMAGED STOCKS DUE TO RAIN.
>
> Dear Sir,
> The chain of events that started with storm did not end.  While the
> roof is not yet reinstated the rain damaged the stocks held in the
> roof damaged godown.  Hence, the proximate cause happens to be storm
> since the rain occured the very next day, and claim on stocks as well
> as shed becomes payable.
> Thanks & Regards,
> dcs raju, hyderabad.
> +91-99490-95995.
>
> On Jun 9, 4:01 am, Surinder Mohan Verma <verma_abo...@hotmail.com>
> wrote:
>
> --
> You received this message because you are subscribed to the Google Groups
> Insurance surveyors" group.
> To post to this group, send email to insurance...@googlegroups.com.
> To unsubscribe from this group, send email to
> insurance_surve...@googlegroups.com.
> For more options, visit this group athttp://groups.google

> com/group/insurance_surveyors?hl=en.
>
>
>
>  3.jpg
> 80KViewDownload
>
>  stampa_girl_line_en.gif
> 61KViewDownload

[mohit agarwal]

Sir,

I agreed with Mr. Asar
 

Thanks & Regards,

 

Mohit Agrawal

Surveyor, Agra

SLA 29400

09412254183

09557277001

My alternate mail ID is :- mohit.s...@gmail.com

---

From: ASAR <asant...@gmail.com>
To: insurance...@googlegroups.com
Sent: Wed, 9 June, 2010 1:08:09 PM
Subject: {Surveyors:4828} DAMAGED STOCKS DUE TO RAIN.

[Gautam Basu]

Yes. Because proximate cause is Storm.

[Saroj Panda]

Dear Mr. Verma,

 

In regards to your above question we all are of different opinion.So i have asked this question to one dynamic & knowldgable officer of Oriental Insurance Mr. Satyanarayan Nanda,Manager,RO,BBSR & his narration is as follows

1. A man had gone to the forest. He met with an accident while in the forest, and there was nobody to help him out. He lay unconscious on the ground and subsequently died due to pnuemonia on account of the cold he caught. The court held that the Proximate Cause of loss (death) was the 'original accident'. The Insurer were asked to pay the claim under Personal Accident Insurance Policy.

2. In another case the person while in the forest met with an accident, but could manage to reach the hospital in time. While in the hospital undergoing treatment the man caught a contagious disease and died. In this case the Proximate Casuse of loss was considered as the 'disease', and not the accident. The claim was not paid under PA Policy.

3. The important point to look into is what is the Proximate Cause of Loss. If there is no break in the chain of events, and both an insured peril (cyclone) and an excepted peril (rain) have operated it is important to understand what is the Proximate Cause. If an insured peril had proximately brought about the loss the claim would be surely payable.

4. However, please ascertain whether timely action was taken to undertake repair works and whether stocks in the godown were removed to a safe place in the godown in view the impending danger of being damaged by ingress of rain water through the broken roofs (Loss Control Measure).

5. Such other points are to be looked into.

I think this will definitely help you to proceed further in this matter.

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Thanks & regards,

Saroj Kumar Panda
Surveyor & Loss Assessor
Mahabir Lane | UP School Road | Badambadi | Cuttack | 753012
# +91-9437023553 (Mob)
# 0671-2323553 (Office)

[s_vashisht .]

Dear sir

        I also agreed with you loss is consequential.

 

Suresh Vashisht 

 

[Ulhas Desai]

Very good explanation of Proximate Cause
Thanks,
U B DESAI

[TIM ASHRAFF]

Dear All,

 

Mr. Shenvi has rightly pointed it out, as a requirement of confirming the wind velocity, to ascertain if storm prevailed, within the definition of Storm, in terms of Fire policy with STFI cover, for which a weather report has to be obtained from the India Meteorological Department for the relevant time, subject to which the claim becomes admissible.

 

Kind Regards

Tim

 

---

[ASAR]

Dear Sir,                    I accept your opinion if the rain was continuous.  But the situation here was the chain of storm and rain on the day end and there was another incident of rain fall on the next day.  Hence, the Chain of event on storm had not continued but broken on the day of first loss.                   We have to consider the chain of events while assessing the loss.  If there was any flood in the area caused by heavy downpour or other reasons and the flood / inundation continued further further days, it can be considered as the chain of event caused by flood had not end.  However, we have to justify that the insured had acted as if he was uninsured to minimise the loss in the situation.   Hence, I am of the opinion that the loss due to the rain fall on the next day after break of the storm was not covered by the standard policy.    ASAR          -------Original Message-------

From: chandra dasaraju Date: 6/9/2010 7:22:22 PM To: Insurance surveyors

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[suresh parik]

Dear SM verma 

no not at all , not covered under any peril of std. fire policy .

s.parik

---

From: verma_...@hotmail.com
To: insurance...@googlegroups.com
Subject: {Surveyors:4811} DAMAGED STOCKS DUE TO RAIN.
Date: Wed, 9 Jun 2010 04:31:03 +0530

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