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Claim problem because of NCB

Please advice
The insured claimed NCB for a policy from a dealer (previous insurance from another insurer) because of no-knowledge about previous claim.
The dealer reportedly could not provide back documents to present insurer.
Now a heavy claim has occured for the same vehicle in a new policy after about eleven months,
Can the insurance company reject the claim or pay after charging additional for NCB

Satish Goel

5 comments:

Sushanta Kumar Roy said...

Dear Mr. Satish Goel
Insurance contract is based on 'utmost good faith'.Details of the risk(here is vehicle) is better known to insured than the insurer. Now the loss has occurred. Insurer can verify from previous insurer by sending a letter about NCB. If insurer has any documents to prove that insured has made a false materialistic statement regarding the risk ,then insurer has right to use discretionary power to reject the indemnification. But practically, insurer avoid to go litigation & negotiate indemnification amount. If insured can have previous policy from previous insurer then insurer can not reject claim. Initial mistake was committed by Dealer by allowing NCB without verification.
With best regards,
S.K.Roy
Kolkata
Mob-9830358774

Raj Kumar said...

Dear Mr.Goel,
The claaim is payable under all circumstances.The quantum of paymnt will depend if NCB has been availed inadverently.
It can never be proved that NCB has been availed fraudently.Even if it is true the present insurrer has accepted the premium and must acept the liability.
RAJKUMAR
9811125018
Dwarka,NewDelhi

Santhanam Palaniappan said...

Insurer are having full rights to reject the claim.
PSanthanam
Erode

Rama Rajan said...

This will be treated (by many of the Insurers) as suppression of fact(s) &
the claim will be rejected by the Insurers

Thanks & Regards,

N Rama Rajan
+91 90427 53518

J P Jain said...

Dear Satish Goel

Insurer has issued the policy charging premium and allowing NCB on the previous policy. Insurer had to ensure from the previous insurer that no claim has been made in the previous year.What the insurer was looking for for eleven months when the vehicle met with an accident. Insurer can not reject the claim and may charge the extra premium of NCB,even if the previous insurer provides the claim/or no claim evidence. Liability lies with the insurer as per terms of the policy.

J.P. JAIN