Appointment of surveyor is not treated as waiver in repudiating a claim

Last updated: 08 February 2023
Quick Summary
The Supreme Court ruled that an insurance company appointing a surveyor to assess vehicle damage does not signify acceptance of the claim. The court clarified that the insurer must prove a fundamental breach of policy terms to repudiate a claim. In this case, the insurer failed to provide evidence of overloading, a condition they claimed invalidated the policy, leading to the claim being allowed.

Court :
Supreme Court of India

Brief :
The said judgment passed by the State Commission was challenged by the appellant before the National Commission, which dismissed the petition on the ground that the appellant had violated the terms of the insurance contract. Review petition was also dismissed.

Citation :
CIVIL APPEAL NOS.49-50 OF 2016 (ARISING OUT OF SLP (C) NOS.37534-37535 OF 2013-DATED: 07/01/2016

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