No claim is payable in Burglary Insurance Policy where no mark of force entry found

Last updated: 08 February 2023

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The Supreme Court has ruled that claims under a burglary insurance policy are not payable if there is no evidence of forced entry into the premises. The court interpreted the policy strictly, stating that burglary specifically implies an aggressive and detectable means of entry or exit with the intent to steal. Therefore, without proof of a forcible entry, an insurance claim for burglary cannot be accepted.

Court :
Supreme Court of India

Brief :
Burglary is defined as a forced entry to a house /home or company to steal something. It means for burglary claim there must be a forced entry or forced exit from the premise of the insured. The key clause in burglary insurance is � The cover is granted subject to the following two clause: The loss of cash abstracted from the safe following the use of the key to said safe or any duplicate thereof belonging to the insured is not covered unless such key has been obtained by violence or threats of violence. The burglary means the unforeseen and unauthorized entry to or exit from the Premises by aggressive and detectable means with the intent to steal Contents therefrom.

Citation :
Civil Appeal No. 1130 of 2007

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1 Year PLAN - Rs.~~1999~~

1799

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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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