Page 30 - Fire Insurance Ebook IC 57

Fire and Consequential Loss Insurance

in writing is given by the insured declining
claim or such claim is finally determined or
withdrawn.

(8) This condition deals with fraud. According to this
condition, all benefits under the policy shall be forfeited
in the following circumstances :
(i) The claim is fraudulent.
(ii) The claim is supported by a false declaration.
(iii) Fraudulent means are used by the insured or any
other person on his behalf.
(iv) Loss or damage is caused by the willful act of the
insured or any other person with his connivance.

This conditions reiterate the conditions under the
common law. Utmost good faith is an implied condition
in an insurance contract and places the duty of
honesty on the insured, when a claim arise. Both fraud
and willful act make the policy void, however an
express condition is incorporated under the policy for
emphasis.

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