An insurance contract is concluded when the insured person concludes a contract with the insurer to compensate for loss of property or fire, lightning, explosion, and so on. Against his loss. This is primarily a contract, and as such is governed by the general law of the contract. However, with certain insurance transactions such as the highest earnings, insurance rates, indemnities, transfers and contributions, Are. These principles are common in all insurance contracts and are governed by specific legal principles.

According to S. 2 (6A), "fire insurance business" means an undertaking that, in addition to another type of insurance transaction, an insurance contract against a random fire or other event occurs in general

According to Halsbury, an insurance contract under which the insurer is obliged to indemnify the collateral, to some extent and under certain conditions, in the event of a loss or damage in the event of a fire which may, in certain circumstances, be the property of the insured.

Thus, fire insurance is a contract where the person insuring the insurer concludes a contract with the insurer in the event of a fire or lightning strike, explosion, To compensate for loss. This policy aims to ensure the loss caused by the total or partial damage to property and other objects.

Strictly speaking, the fire insurance contract:

1. Whose main subject is the insurance against loss or damage caused by the fire.

2nd The liability of the insurer is limited by the insured amount and not necessarily to the extent of the loss or damage suffered by the insured; and

3. The insurer has no interest in the security or destruction of the secured assets other than under the contractual obligations

FIXING INSURANCE RIGHTS

There is no statutory provision regulating fire insurance regulated by Indian Maritime Insurance Act 1963. Indian Insurance Act 1938 primarily concerning the regulation of insurance activity and not the general or specific principles of the law on other insurance contracts. Thus, in the absence of a law on the law of the National Insurance Act of 1872, the Indian Courts have been dealing with the issue of fire insurance so far have been harmed by court decisions and English Compensation

when determining the value of the destroyed property, the insured was the value of the property that had to be measured. This value was mainly calculated on the basis of the market value of the property before and after the loss. However, this valuation method was not applicable in cases where the market value did not represent the real value of the property to the insured because the property was used as a secured place of residence or as a business activity. In such cases, the amount of the indemnity was the cost of the repayment. Lucas v. New Zealand Insurance Co. [1] where the insured property was purchased and considered as a revenue-generating investment, the court considered that the appropriate amount of compensation for the fire hazard was the costs of repossession.

INSURABLE INTEREST

is so interested in a property that benefits from its existence and the destruction of its destruction, they say they have a secure interest in the property. Such a person can secure the fortune against the fire.

Interest in real estate must be in the beginning and at the loss. If it does not exist at the conclusion of the contract, it can not be the subject of the insurance and, if it is not in the event of a loss, it is not unprofitable and does not require compensation. Thus, when it sells the secured property and subsequently damages it, it does not cause any loss.

RISKS IN THE POLICING AREA OF FIXING INSURANCE

The date of conclusion of an insurance contract is different from the adoption or assumption of the policy. Section 64-VB broadly specifies that the insurer can not take risks before the date of receipt of the fee. Article 58 of the Insurance Code 1939 deals with the advance on premiums in respect of Section 64 (64) (!) Subsection (64), which allows the insurer to take risks from the day onwards. If the applicant did not want a particular date, it was possible for the proposer to negotiate with the insurance company about the term. In fact, the Apex Court has said that the final adoption of the Commissioner or the Insurer simply depends on how the Insurance Negotiations proceeded. Although there are risks that appear to be related to fire insurance policies, but they do not fully cover the policy. Some of the disputed areas are as follows:

FIRE: The destruction or damage of property provided by its own fermentation, natural heating or spontaneous combustion or any heating or drying process can not be considered as a fire hazard. For example, paint or chemicals in heat treatment and, consequently, in a fire damaged factory do not belong to it. LIGHTNING: Lightning may cause fire damage or other types of damage, such as lightning strikes or cracks in a building due to lightning strike. Damage and other damages caused by the fire are covered by the regulations.

AIR DIAGNOSIS: Damage caused directly by aircraft and other airborne devices and / or goods dropped there (fire or other). Destruction or damage arising from the pressure waves caused by aircraft with a supersonic speed does not, however, fall within the scope of the policy.

RIOTS, STRIKES, MALICIOUS AND TERRORISM INJURIES: Any act of someone who is involved in some kind of embarrassment (with the exception of war, invasion, rebellion, civil disorder, etc.) is a riot, a strike or a terrorist activity.

STORM, CYCLONE, TYPHOON, TEMPEST, HURRICAN, TORNADO, FLOOD and INUNDATION: Storm, Cyclone, Typhoon, Tempest, Tornado and Hurricane are various violent natural disruption. accompanied by a storm or strong wind or strong rainfall. Flood or Inundation occurs when the water rises to an abnormal level. Flood or flooding can be interpreted not only in the common sense, that is, the flood of rivers or lakes but also the accumulated water caused by the choke channel.

WEIGHT: The road vehicle or animal must be in direct contact with the insured assets. Such vehicles and animals, however, should not be owned or owned or owned by the insured or by the premises or employees while they are engaged in their work.

THE SHAREHOLDING COMPANY AND THE SHAREHOLDED COMPANY: the place where the property is located or the Rockslide. While a subsidiary means that land or building is lowered to a lower level, landslide usually means a downturn on the hill.

However, normal cracks, settlements or new structures are drained; layout or movement; coastal or river erosion; faulty design or construction or use of defective materials; and demolition, construction, structural transformations or repairs, or excavations or excavations are excluded.

HAZARDS AND / OR TRANSMISSION OF WATER HOUSES, APPLIANCES, AND SWITCHES

FREQUENCY EXAMINATION OPERATIONS: Insured or anyone else's injury or damage to the missile test or damage to or damage to the projectiles is on board.

APPLICATION OF AUTOMATIC SPRINKLER EQUIPMENT: Damage caused by accidentally emitted or leaked water is damaged by automatic sprinkler systems located at the insured site. Such annihilation or damage, however, due to repairs or alterations to buildings or premises; removing repair or extending sprinkler equipment;

BUSH FIRE: This includes damage to the bush and the jungle, whether incidentally or by other means, and the burning of fiery areas, save destruction or damage,

THE FUEL RISKS OF INSURANCE POLICY

Claims not eligible for coverage under this Directive are as follows:

o theft after or after the insured risks

o War or Nuclear Dangers

o Electrical Disaggregations

o Ordering incineration by an authority

o Underground fire

o Damage or damage to jars, gems, curiosity (value greater than Rs.10000), plans, drawings, money, securities, check books, computer records, unless categorically stated .

o The loss or damage to the property has been relocated to a different location (with the exception of the cleaning, repair or renovation of machinery and equipment for more than 60 days) [19659002] CHARACTERIAL FUEL INSURANCE CONTRACT

The fire insurance contract has the following characteristics:

) Fire insurance personal contract

The fire insurance contract does not guarantee the security of the insured property. Its purpose is to establish that the insured is not liable for any loss due to the insured's interest in real estate. Therefore, if the relationship with the insurance company ceases to be transferred to another person, the insurance contract is terminated. It is not so attached to the subject of the insurance that it will automatically be passed on to the new owner to whom it is transferred. The fire insurance contract is therefore a mere personal contract between the insured and the insurer to pay the money. The insurance contract can only be validated with the consent of the insurer.

b) Full and indivisible contract

If the insurance is mandatory and the contents of the kit and the machine, the contract explicitly agrees to be divisible. Thus, if the policyholder is responsible for a breach of obligations to a policyholder in relation to a policy, the insurer may avoid the entire contract and not just the subject matter, unless the right is limited to the terms of the policy.

(c) Fire Injury

In the event of a fire insurance, the insured shall protect him for any loss or damage that may be caused by the occurrence of fire, but may cause. As long as the loss causes a fire in the policy, it is not essential that fire is usually caused. Thus, irrespective of whether the fire was lightly illuminated or adequately illuminated, but was negligent or later involved in the fire due to neglect of the insured's negligence, neglecting his servants or neighbors, and the insurer must indemnify the insured. In the absence of fraud, only the direct consequence of the loss must be examined.

However, the cause of fire becomes material, which must be examined

(1). If the fire was not caused by negligence, but by intentional (2) If it is due to fire due to the exception contained in the contract.

LIMITATION OF THE TIME

Indemnity insurance that the insurer provides a contractual right to the insured that was prima facie instantly generated when the loss was caused by an insurance event that the insurer brings to the same position where the accused is not the event happened but was not in a better position. There was a primary responsibility, ie compensation and a secondary responsibility, that is, to put the insured into the loss-making position, either by paying a specific amount or by some other means. But the fact that the insurer had the option of placing the insured in the unprofitable position does not mean that he was not willing to indemnify him in some way, and immediately the loss occurred. Primary responsibility arises when the insured event occurs. So the time has begun since the time of the loss rather than the day of the policy avoidance, and any objections that were made after the deadline would be without restriction. ] Only those who have an insurance interest in a real estate can take fire insurance on it. The following are among persons who are permanently interested in, owning and providing such assets:

1. Owners, irrespective of whether they are sole or joint owner or partner in the property owned by the property. It is not necessary to have them. Thus, the lesser and the lessee can jointly or severely secure it. The supplier and the buyer must have both rights. The seller's interest will continue until the delivery is completed and even if it is a non-paid seller's royalty.

3rd The mortgage and the mortgage loan have both separate interests in the mortgaged real estate and can ensure that Lord Esher MR "The mortgage loan does not claim interest on the mortgage, but on the mortgage against the mortgage" [3]

4. trustees and beneficiaries of the trust property are beneficiaries of each and all of them able to provide

5. Baileys, such as carriers, mortgage lenders, or warehouse men, are responsible for securing the trust they are entrusted to and thus secured. For example:

1. An unsecured creditor can not secure the debtor's property because he is entitled to the debtor personally, but he can provide the debtor with the right to secure the debtor's property

A company part he is unable to secure the company's assets because he does not have a secure interest in any company's assets, even if he is the only shareholder. Like Macaura v. For Northen Assurance Co. [4] Macaura. Because she did not have any kind of collateral interest either as a lender or as a shareholder.

As All Insurance Contracts are the Best Bona fide Contract, the Fire Insurance Bidder has a positive obligation to fully disclose all material facts and not to misrepresent or improper interpretation of the policy negotiation process. This most important good faith applies to both the insurer and the insured person. It must be fully in good faith with the insured. This duty is to ensure the best of good faith. B Ensure that the proposer has to declare that the claims in the application form are true and must form the basis of the contract and that any false or false statement should avoid the policy. The insurer can then count on assessing the risk and fixing the appropriate premium and accepting the risk or reducing it.

The issue of a draft fire policy policy is designed in such a way as to get all the information that is important to the insurer to assess the risk and fix the premium, that is, all the relevant facts. The applicant must also include the following information:

o Name and address and occupation of the applicant

o Description of the subject to be provided to identify it including

within the site

o The use of property, whether for manufacturing , whether it is dangerous trade.

o Have you already been insured

when someone bought the proposer, etc.

In addition to the questions submitted in the application form, the applicant must disclose whether it is questionable or not

1. Any information indicating that the risk of fire exceeds the normal value

2. There is any fact that may suggest that the insurer's liability may exceed the normal value, such as the existence of valuable manuscripts or documents, etc., and

3. Any information that means more; danger

Applicant is not required to disclose –

1. Information for which the insurer may be presumed to be in the ordinary course of business of the insurance company

. Facts that tend to prove that the risk is less than otherwise;

3rd In fact, which information is rejected by the insurer; and

4. Facts that do not need to be disclosed because of a policy condition

You can be sure that full disclosure is made of the essential facts that may be relevant to the insurer, taking into account whether the proposal is adopted or not. When the relevant facts are disclosed, the evidence of 1965

When it comes to simultaneous or consecutive multiple risks as an act, it is difficult to assess the relative impact of each hazard, the actual cause of the loss. In such cases, the impending cause can help determine the actual causes of the loss.

Close to the case of the Pawsey v. Scottish Union and the National Ins. Co, [5] "an active, effective case that sets up a series of events that produces results without any force and actively works from a new and independent source." It is dominant and effective, even if it is not the closest to time. This is why it is necessary for a loss to come to the investigation and to determine what is the direct cause of the loss to determine whether the insurer is liable for the loss.

MISCELLANEOUS DAMAGE CAUSED

was caused by fire. Fire can be caused by illumination, explosion or implosion. It may be a riot, a strike or a possible malicious act. These factors must ultimately lead to fire and the fire must be the direct cause of the damage. Therefore, armed violence does not cover the loss of property by the armed forces. The view that the loss falls under the clause of malicious action, and therefore the insurer is responsible for satisfying the claim, is untenable because if and as long as fire damage is the direct consequence, fire protection policy can not be demanded. [6]

PROCEDURE FOR IMPLEMENTING FIRE INSURANCE POLICY

The steps of the fire insurance policy are as follows:

1. Select Insurer:

Many companies offer fire insurance against unforeseen events. An individual or company must ensure that an insurer chooses. The judgment must be based on factors such as goodwill and long-term market conditions. Insurance companies can be accessed directly or through agents, some of which the company itself has appointed

. Submission of the application form:

The individual or business owner must submit the completed required application form with the necessary information to the insurance company for appropriate consideration and approval. The information on the Proposal Form shall be provided in good faith and shall be accompanied by documents proving the real value of the property or the goods to be supplied. Most companies have their own personalized application form where accurate information is to be provided

3. Asset collection / consideration:

After the duly completed application form is submitted to the insurer, the "on-site" survey is carried out for the property or goods subject to the insurance. This is usually done by investigators or surveyors who are appointed by the company and have to report back to them after a thorough search and survey. This is indispensable for assessing the risks involved and calculating the rate of the fee

. Adoption of the Proposal:

After the surveyors and associated officials provide a detailed and comprehensive report to the insurance company, the former thoroughly reviews the application form and the report. If the company is satisfied that it is not a defect or irregularity or fraud, you formally "accept" the Proposal Form and instructs the Insured to pay the first premium to the Company. It should be noted that the insurance policy begins between the insured and the company following the acceptance of the insurance premium and the insurance premium. The Insurer publishes the Cover Sheet after the first premium has been accepted

PROCEDURE FOR HAZARD DISCRIMINATION

Upon receipt of the notice of loss, the insurer shall oblige the insured person to submit to the following information

1. Conditions and Causes of Fire

2. Situation and situation of the premises where the fire occurred;

3rd Insured's interest in the insured property; ie the ability of the insurer to claim and whether others are interested in the property;

4th Other insurance on the property;

5th The value of each property of the property at the time of the loss, together with the evidence thereof, and the value of the rescue, if any; and

6. Amount Requested

The acquisition of such claim related to the claim is also a prerequisite for the liability of the insurer. The above information enables the insurer to certify that:

(1) The policy is in force;

(1) The value at the time of the loss and

(2) The risk of the loss of danger

(3)

In the place of loss and

3) Real or internal value, regardless of the sentimental valley. The loss of future profits or other consequential losses can not be taken into account.

DETERMINATION OF APPLICATIONS

How is Claim Generated?

After a fire insurance contract has been concluded, the claim may arise in the event of one or more insurance risks on an insured property. In addition, there may be one or more non-insurance risks that may occur simultaneously or sequentially. In order for the claim to be valid, the following conditions must be met:

1. The occurrence of an event may occur because of an insurance risk, or where both insurers and other risks work, the determining or effective cause of the loss must be an insurance risk

. Handling of danger does not fall within the scope of policy exclusions;

3rd The event was to cause loss or damage to the insured property

4. Event must be in the currency of policy

5. The insured must comply with all the insurance conditions and must comply with the requirements to be fulfilled after the claim has been fulfilled

NOTIFICATION OF FIRE SAFETY MATERIALS: PREVIOUS LIABILITY OF THE INVESTOR

The insured criminal record may be affected by the moral hazard that insurers had to measure , and the non-disclosure of a serious criminal offense by the applicant, such as the robbery, would constitute material non-disclosure.

THE RISK OF FIXING IS INJURY DANGEROUS

the fire is obliged to comply with the good faith of the insurer against the insurer and the insured has to do everything in his power to avoid or minimize the loss. To this end, (1) must take all reasonable measures to extinguish or prevent the fire, and (2) assist the fire brigade and, in any case, do not come to their way in their trials.

With this item, secured assets can be removed in a safe place. Any damage or loss that the insured will make in the fight against fire or relocation, etc. It is considered to be a damage caused by the fire.

If the insured is not compelled to cover the insurer and thus increases the insurer's burden, the insured is deprived of the right to renew the policy indemnification. SECURITY OWNERS 'RIGHTS

(A) 19659002] Insurers have the right under the law in accordance with the insurance obligations in view of the liability they have undertaken to compensate insured persons. Thus, insurers have the right to take action to take fire and minimize loss of property and

o To enter and take possession of the property for this purpose. insurers are obliged to pay for any damages that the property can sustain while taking steps to stop the fire and as long as they are in possession of all that is the natural and direct consequence of the fire; so it was in the case of Ahmedbhoy Habibhoy v Bombay Fire Marine Ins. The degree of damage caused by the insured shall be investigated when the insurer returns it and not at the end of the emergency.

(B) Loss of Risk Avoidance Steps [19659002] The damage sustained to avoid insurance risk was not a consequence of the risk and was not reimbursable unless the insured risk began. In the case of Liverpool and London and Globe Insurance Co. Ltd. v Canadian General Electric Co. Ltd. [9]the Canadian Supreme Court found that "the loss was caused by the false conviction of the firefighters and the loss was not reimbursed on the basis of the insurance policy , which only covered the damage caused by the explosion of the fire and the loss was not reimbursable on the basis of the insurance policy which only covered the damage caused by the fire or explosion. "

(C) Express Rights

5. In order to protect their rights, insurers have in this condition explicitly called for better rights under which any person authorized by the insurer and the insurer may or may not be injured or injured, made or held the building or premises where the damage occurred or requires it to be handed over to them and to deal with it for any reasonable purpose, such as examining, settling, removing or selling, or d

When and how do claims be filed?

In the event of a fire hazard falling within the scope of the Fire Safety Directive, the Insured shall immediately notify the insurance company thereof. Within 15 days of such loss, the Insured shall submit a claim in writing specifying the details of the damages and the estimated values.

The insured person must obtain and present at his / her own expense any document such as Plans, account statements, test reports, etc., at the request of the insurer.

HOW DOES INSURANCE WORK?

Under the fire protection policy, insurance will be terminated in any of the following circumstances:

(1) An insurer who fails to circumvent the insurance policy for the purpose of misleading information, misrepresentation or disclosure of any material a biztosított építési terület vagy szerkezet vagy annak egy része leesik vagy elmozdul, akkor hét nap elteltével, kivéve, ha az esés vagy elmozdulás valamilyen biztosított veszély hatására következett be ; ennek ellenére a biztosítás újra megújítható, ha kifejezett értesítést adnak a társaságnak, amint az előfordulás megtörténik;

(3) A biztosítás a biztosítási kérelemre és a biztosítási jogviszonyban A vállalat számára 15 napos értesítést ad a biztosítottnak

KÖVETKEZTETÉS

A materiális javak számos olyan kockázattal szembesülnek, mint a tűz, árvizek, robbanások, földrengés, lázadás és háború stb. önmagában vagy kombinációban. Az a forma, amelyben a burkolat kifejeződik, számos és változatos. A tűzbiztosítás szigorú értelemben csak a tűz és tűz elleni védelemre vonatkozik. Így a tűzbiztosítási politika megadása alatt minden követelményt teljesíteni kell. A biztosítottnak erkölcsi és jogi kötelezettsége van arra, hogy legkedvezőbb jóhiszeműen álljon, és igazságos tényeket, és ne csak hamis okokat mondjon csak a kapzsiságnak a pénz visszaszerzésére. Továbbá minden biztosítási politika segít fejleszteni egy fejlődő nemzetet. Ezért a biztosítótársaságok tehernek vannak kitéve a biztosítottnak, amikor a biztosított bajban van.

HIVATKOZÁS:

1. (1983) VR 698 (Bécs Legfelsőbb Bírósága)

2. Callaghan kontra Dominion Biztosító Zrt. (1997) 2 Lloyd's Rep. 541 (QBD)

3. Kis v. U.K Marine Insurance Association (1897) 2 QB 311

4. (1925) AC 619

5. (1907) sz. Ügy

6. National Insurance Company kontra Ashok Kumar Barariio

7. Devlin kontra Queen Insurance Co., (1882) 46 UCR 611.

8. (1912) 40 IA 10 PC

9. (1981) 123 DLR (3d) 513 (Kanada Legfelsőbb Bírósága)

A hivatkozott könyvek:

1. A tűzgazdálkodás Ganapathy Ramachandran

2. Modern biztosítási törvény, John Birds

3. A Biztosítási Szabályozó és Fejlesztési Hatóság Kézikönyve a szövetségi törvényekkel, a Nagarral

Source by sbobet

Leave a Reply

Your email address will not be published. Required fields are marked *