The condition of manufacturing fault is probably not a written condition, but an implied condition based on principles of insurance that the loss is not due to any accidental reason. This is probably a written condition in engineering policy.But here again the part which is damaged can be disallowed, but other parts have got to be paid.However such cases are important to be discussed and a firm opinion is to be framed, and implemented, so that the decision is not on discretion from company to company or officer to officer or surveyor to surveyor.C K BHATIA
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--c k bhatia
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Please read the issue on hand carefully. Please do not assume or presume the things and do not quote logic. The loss is genuine and the loss is due to short circuit. As per the insured and his driver the short circuit occurred in engine area leading to vehicle catching fire leading to the loss. The vehicle is less than 3 months old from the date of purchase and less than 2 1/2 months from the date of reign. and going on commercial trips.
Can the insurance company deny the claim and liability on the grounds that the vehicle is still under warranty and advise the insured to lodge his claim on the Ashok Leyland company itself?
Now under which provision of the motor policy can the insurer's repudiate the claim or even refuse to entertain the claim?
What if the insured approaches the legal fora to pursue the claim against the insurer's?
Ashok Leyland already refused to entertain the claim under warranty.
This is all I have and all I can share.
Regards,
S. Anoop Kumar
Thanks for sharing your reply. The insurer's are liable to pay the claim for there is no such policy condition in motor claim that says the insurer's are not liable to indemnify the loss if there is any manufacturing defect or short comings even while the vehicle is under warranty. Such clause is available in CPM policy and MBD policy.
Here the cause of fire is due to fire that originated from under the bonnet and from the engine side. Complete wiring, hose pipes, fuel lines, etc. are gutted. AL engineers simply ruled out the possibility of electrical short circuit from engine wiring harness or from self stater wiring on the simple ground that there are various fuses and circuit breakers which act as safety measures. We are not able to pinpoint and establish the actual cause and origin of fire now for everything is destroyed.
And now insurer's have no option but to accept and pay the claim in full subject to policy conditions by excluding the cost of wiring harness as cause of loss.
Thanks once again for sharing your inputs,
With best regards,
Sincerely,
S. Anoop Kumar.
Any claim arising out of contractual liability is to say any penalties or compensation to be paid by the insured for not fulfilling the contract terms. It is between the insured and his client. Here it means the claim raised on the insured by any other party who is a party to the contract for defaulting on any contract terms.
In other or simple words, this is consequential loss.
The claim is payable by insurer's in the case narrated by me.
Regards,
Sincerely,
S. Anoop Kumar.
Short circuit in a veh is not a manfg. Defect.
Sanjay kr singh
Patna
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But here again the part which is damaged can be disallowed, but other parts have got to be paid.
However such cases are important to be discussed and a firm opinion is to be framed, and implemented, so that the decision is not on discretion from company to company or officer to officer or surveyor to surveyor.
--
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No message posted on this message board shall be used against the member who posted the information and/or against the moderators as evidence in any court of law.
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