Repudiation of claim under fire and special perils policy, for not providing desired documents is not sustainable, when documents were for the purpose of assessment of claim and Surveyor’s report had already been made and accepted by Insurance Company. Held, “In our considered view, invoking condition no. 6(b) of the policy for repudiation dated 11th September, 2007 was unsustainable in law for the reason that clause 6(b) only desires to submit necessary document for the purpose of assessment of claim regarding the loss/damages caused due to the fire which took place. Whatever the material documents available with the insured were indisputably made available to the Surveyor who has made its own physical inspection in reference to the loss which took place due to fire on 20th October, 2006 and submitted its report on 1st June, 2007. Once that assessment has been made regarding the loss/damage which took place due to fire dated 20th October, 2006 and that was not disputed by the respondent Company, repudiating the claim invoking clause 6(b) of the policy, in our considered view, was unfair and is not legally sustainable.”
[Karnavati Veneers (P) Ltd. v. New India Assurance Co. Ltd., (2023) 4 SCC 247]
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Case Comment:
clause 6(b) only desires to submit necessary document for the purpose of assessment of claim regarding the loss/damages caused due to the fire which took place. Whatever the material documents available with the insured were indisputably made available to the Surveyor who has made its own physical inspection in reference to the loss which took place due to fire on 20th October, 2006 and submitted its report on 1st June, 2007. Once that assessment has been made regarding the loss/damage which took place repudiating the claim is unsustainable.