Facts Which Need Not Be Disclosed In Insurance Business
(a) Facts of Law:
Ignorance of law is not excusable - every one is deemed to know the law. Overloading of goods carrying vehicles is legally banned. The transporter cannot take shelter behind the excuse that he was not aware of this provision; in the vent of an accident.
(b) Facts which lessen or diminishes the Risk:
The existence of a good fire fighting system in the building.
(c) Facts of Common Knowledge:
The insurer is expected to know the areas of strife and areas susceptible to riots and of the process followed in a particular trade or Industry. Any fact which is known or which, by law, may be presumed to be known to the insurer the insurer is presumed to know matters of common notoriety or knowledge, and matters which an insurer, in the ordinary course of his business, ought to know.
(d) Facts which could be reasonably discovered:
For e.g.the previous history of claims which the Insurer is supposed to have in his record.
(e) Facts which the insurer’s representative fails to notice:
In burglary and fire Insurance it is often the practice of Insurance companies to depute surveyors to inspect the premises and in case the surveyor fails to notice hazardous features and provided the details are not withheld by the Insured or concealed by him them the Insured cannot be Unless inquiry is made, it is not necessary to disclose the following facts.Any fact which it is superfluous to disclose by reason of an express or implied condition.
(f) Any fact as to which information is waived by the insurer.
(g) Any fact as to which inurer is given sufficient information to put him on inquiry.
(a) Facts of Law:
Ignorance of law is not excusable - every one is deemed to know the law. Overloading of goods carrying vehicles is legally banned. The transporter cannot take shelter behind the excuse that he was not aware of this provision; in the vent of an accident.
(b) Facts which lessen or diminishes the Risk:
The existence of a good fire fighting system in the building.
(c) Facts of Common Knowledge:
The insurer is expected to know the areas of strife and areas susceptible to riots and of the process followed in a particular trade or Industry. Any fact which is known or which, by law, may be presumed to be known to the insurer the insurer is presumed to know matters of common notoriety or knowledge, and matters which an insurer, in the ordinary course of his business, ought to know.
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(d) Facts which could be reasonably discovered:
For e.g.the previous history of claims which the Insurer is supposed to have in his record.
(e) Facts which the insurer’s representative fails to notice:
In burglary and fire Insurance it is often the practice of Insurance companies to depute surveyors to inspect the premises and in case the surveyor fails to notice hazardous features and provided the details are not withheld by the Insured or concealed by him them the Insured cannot be Unless inquiry is made, it is not necessary to disclose the following facts.Any fact which it is superfluous to disclose by reason of an express or implied condition.
(f) Any fact as to which information is waived by the insurer.
(g) Any fact as to which inurer is given sufficient information to put him on inquiry.
Insurance Law And Practice - ICSI
Facts Which Need Not Be Disclosed In Insurance Business
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Friday, April 21, 2017
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