Page 57 - Ebook IC S01
P. 57

Survey And Loss Assessment IC-S01


               In case of life insurance contract the insured is not obliged to disclose any fact at the


               time of renewal. But in case of nonlife insurance contract the insured must disclose


               the material changes that have taken place since the time of last contract.





               There duty of disclosure of material facts rests on both insurer and the insured. The


               insurer  must  fully  disclose  the  terms  and  conditions  of  the  policy  whereas  the


               insured must fully disclose the facts concerning the property to be insured. IRDA has


               given an option to the insured in form of free look period wherein if the policyholder


               is  not  satisfied  with  the  terms  and  conditions  of  the  policy  he  may  withdraw  the


               policies  within  15  days  of  the  receipt  of  the  policy  and  insurer  will  be  entitled  to


               refund the premium after deducting the statutory charges.





               The refusal by the insurer to renew insurance is a material fact.





               When can the insurer held for breach of principle of utmost good faith


                  The insurer does not inform the proposer about the discounts in premium by use


                   of fire extinguishing systems


                  The  proposer  is  advised  not  to  clearly  mention  all  the  facts  relevant  to  the


                   insurance


                  Premium is collected without allowing suitable rebates


                  False promises are made for bonuses in the future












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