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According to S. 2 (6a), the "fire insurance" means the business impact, other than by chance in any other class of insurance, contracts of insurance against loss of or in connection with a fire or other phenomena, are usually among the insured risk fire insurance business.
According to Halsbury, to a contract of insurance which the insurer agrees to indemnify the insured for consideration to a certain extent and under certain circumstances, against loss or damage by fire, what can happen secured property during a specified period.
Thus, fire insurance is a contract whereby a person seeking insurance protection, entered into a contract with the insurer to indemnify him against loss of property or in connection with the fire and lightning, explosion, etc. This rule is designed to provide one property and other items loss caused by complete or partial damage in the fire.
In a narrow sense, a contract of fire insurance is one:
1 Whose principle object is to secure from loss or damage caused by fire.
1 Whose principle object is to secure from loss or damage caused by fire.
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1 Whose principle object is to secure from loss or damage caused by fire.
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3.Osiguravatelj who has no interest in safety or destruction of insured property, other than the obligations assumed by contract.
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there is no legal act that regulates insurance against fire, as in the case of marine insurance is regulated by the Indian Marine Insurance, 1963.Indijski Insurance Act, 1938 mainly dealt with the regulation of insurance as such, and not to any general or especially the principles of law relating to fire and other insurance contracts. Thus, the general insurance business (nationalization) Act, 1872. in the absence of any legal act on the issue, courts in India have been in business on fire insurance have relied so far on the court decisions of courts and opinions of the English lawyers.
In determining the value of property damaged or destroyed by fire in compensation in a fire insurance policy, the insured value of the property, which was to be measured. Prima facie that the value was measured relative to market value before and after the loss. However, this estimation method is not applicable in cases where the market value does not represent the real value of the property insured, and where the property is used by the insured as a home, or to conduct business. In such cases, the measure of damages is the cost of restoration. In the case of Lucas v. New Zealand Insurance Co Ltd [1] where the insured property was purchased and held as income producing investments, and thus the court ruled that the proper measure of compensation for damage to property by fire is the cost of restoration.
insurable interests
A person who is so interested in the property as to benefit from its existence and destruction of prejudice is said to have insurable interest in the property. Such a person can secure the property against fire.
interest in the property must hold at the beginning and at the time of loss. If not there at the beginning of the contract can not be the subject of insurance, and if it does not exist at the time of loss, suffering no loss and no need of compensation. So where is the sale of secured assets, and it was damaged in a fire after that, he suffers no loss.
the risks targeted INSURANCE POLICY
date of conclusion of insurance contracts is a policy issue is different from accepting or taking risks. Section 64-VB only provides broadly that the insurer can not take the risk before the date of receipt of the premium. Rule 58 of the Insurance Rules, 1939 says the advance payment of premiums in respect of the sections (!) Of Section 64 VB that allows the insurer to assume the risk of date onwards. If the applicant does not want a particular date, it is possible for the applicant to negotiate with the insurer on that notion. That is why Apex Court said that the final acceptance that the insured, or insurer depends only on how the negotiations to ensure progress. Although the following risks that seem to be covered by the policy of fire insurance, but are not fully covered under the policy. Some of the contentious areas are as follows:
fire: destruction of or damage to property insured by its own fermentation, natural heating and spontaneous combustion, or undergoing any heating or drying process can not be treated as damage due to fire. For example, paint and chemicals in the plant undergo heat treatment, and thus damaged by fire is not covered. Furthermore, burning of property insured by order of any public authority is excluded from the scope of coverage.
Lightning: Lightning can cause fire damage or other damage, such as the roof is broken by falling chimney struck or cracks in the building due to lightning. Both fire and other damage caused by lightning are covered by the policy.
Lightning: Lightning can cause fire damage or other damage, such as the roof is broken by falling chimney struck or cracks in the building due to lightning. Both fire and other damage caused by lightning are covered by the policy.
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Lightning: Lightning can cause fire damage or other damage, such as the roof is broken by falling chimney struck or cracks in the building due to lightning. Both fire and other damage caused by lightning are covered by the policy.
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AIRCRAFT DAMAGE: Loss or damage to property (fire or otherwise) directly caused by aircraft and other aerial devices and / or articles dropped there from covered. However, destruction or damages arising from pressure waves caused by aircraft traveling at supersonic speed is excluded from the scope of the policy.
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AIRCRAFT DAMAGE: Loss or damage to property (fire or otherwise) directly caused by aircraft and other aerial devices and / or articles dropped there from covered. However, destruction or damages arising from pressure waves caused by aircraft traveling at supersonic speed is excluded from the scope of the policy.
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subsidence and landslides INCULUDING Rockside: Destruction or damage caused by the Subsidence of the pages on which the property is located or Landslide / Rockslide is covered. While Subsidence means the sinking of the land or building to a lower level, means Landslide sliding down the hill to land normally.
, however, normal cracking, settlement or bedding down of new structures, settlement or movement make the soil, coastal or river erosion, faulty design or workmanship or the use of defective materials, and demolition, construction, structural alteration or repair of any property or earth-works or excavations are not covered.
cracking and / or overflowing water tanks, apparatus and tubes:. Loss or damage to property, water or otherwise due to firing or accidentally filled with water tanks, apparatus and pipes is covered in
missile TESTING BUSINESS:. Destruction or damage due to impact or otherwise of the trajectory / projectiles in connection with missile testing operations insured or anyone else, is covered by
missile TESTING BUSINESS:. Destruction or damage due to impact or otherwise of the trajectory / projectiles in connection with missile testing operations insured or anyone else, is covered by
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leakage from automatic sprinkler installations: Damage caused by water accidentally discharged or leaked from an automatic sprinkler installation in the premises of the insured, covered. However, such destruction or damage caused by repairs or alterations to buildings or premises, repair or removal of sprinkler installation and extension of flaws in construction known insured, are not covered by the
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BUSH fire:. This covers damage caused by burning, whether accidentally or otherwise, President Bush and the jungle and cleaning the land of fire, but excludes the destruction or damage caused by forest fires
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claims are not sustainable / covered by these rules are as follows:
on the theft during or after the occurrence of the insured risk was
about the war or nuclear hazards
about the war or nuclear hazards
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O Ž worse by public authorities
of the Underworld fire
A loss of or damage to, gold, precious stones, curios (value more than Rs.10000), plans, drawings, coins, securities, checkbook, computer records unless they are categorically included.
A loss of or damage to, gold, precious stones, curios (value more than Rs.10000), plans, drawings, coins, securities, checkbook, computer records unless they are categorically included.
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A loss of or damage to the property moved to another location (except machinery and equipment for cleaning, repair or renovation of more than 60 days ).
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A loss of or damage to the property moved to another location (except machinery and equipment for cleaning, repair or renovation of more than 60 days ).
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CHARACTERICTICS FIRE insurance contracts
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contract for fire insurance does not ensure the safety of the insured property. Its purpose is to see that the insured does not suffer a loss because of his interest in the insured property. So, if his relationship with the insured property stops by to transfer to another person, the insurance contract also comes to an end. It is not so connected with the subject of insurance as an automatic pass to the new owner which is the subject prenosi.Ugovor of insurance against fire, then, is just a personal contract between the insured and the insurer for the payment of money. It can be validly transferred to another only with the consent of the insurer.
(b) It is whole and indivisible contract.
Where insurance is obligatory and its contents and stock of machines, the contract expressly agreed to split. So, where is provided is guilty of breach of duty to the insurer in respect of one subject matters covered by the policy, the insurer may avoid the contract as a whole, not just in relation to this particular subject mater, unless the law is limited by the provisions of the policy.
(c) The cause of the fire is irrelevant
(c) The cause of the fire is irrelevant
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(c) The cause of the fire is irrelevant
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(c) The cause of the fire is irrelevant
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the constraints of time
the constraints of time
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indemnity insurance is an agreement confer on the insurer insured a contractual right, which prima facie, came immediately after the loss he had suffered going into the event insured against, to put the insurer in the same position in which the defendant would have had the event not occurred, but in no better position. It is the primary responsibility and indemnify and secondary liability, that is, to put the insured in its pre-loss position, either by paying it stated amount or it could be otherwise. But the fact that the insurer had the opportunity to how to put the insured in the pre-loss position does not mean that he is not liable to indemnify him in one way or another, just the loss occurred. The primary obligation arises on the happening of the event insured against. Therefore, the time ran from the date of loss, and not the date on which the policy to avoid any suit filed after this deadline will be banned by the restrictions. [2]
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Who can insure against fire?
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1 The owners of the property, whether sole or joint owner or partner in a company owning the property. It is not necessary that they should be held. So small and tenant can to ensure a joint or punished.
2.Prodavač and the customer have the right to osiguranje.Dobavljača interest continues until the transfer is completed, and even then, if the unpaid vendor a lien against him.
3.Dužnikovih and mortgage are two different interests in mortgage assets, and may provide, by Lord Esher MR "Mortgage does not claim an interest in the debtor, but based on mortgages that gave him an interest other than mortgagor "[3]
3.Dužnikovih and mortgage are two different interests in mortgage assets, and may provide, by Lord Esher MR "Mortgage does not claim an interest in the debtor, but based on mortgages that gave him an interest other than mortgagor "[3]
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4 Trustees are the legal owners and users of beneficial owners of trust property and each can provide.
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persons not entitled to insurance
He who has no insurable interest in the property can not be ensured. For example:
1.Unsecured lender can not secure its debtor's assets, because his right only against the debtor personally. He may, however, provide the debtor lives.
1.Unsecured lender can not secure its debtor's assets, because his right only against the debtor personally. He may, however, provide the debtor lives.
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1.Unsecured lender can not secure its debtor's assets, because his right only against the debtor personally. He may, however, provide the debtor lives.
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1.Unsecured lender can not secure its debtor's assets, because his right only against the debtor personally. He may, however, provide the debtor lives.
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1.Unsecured lender can not secure its debtor's assets, because his right only against the debtor personally. He may, however, provide the debtor lives.
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the applicant's name and address and occupation
Menerjemahkan...
Menerjemahkan...
A description of the items to be provided sufficient for the purpose of identification, including
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A description of the items to be provided sufficient for the purpose of identification, including
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of how assets are used, either for any purpose or production of hazardous trade.etc
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O, and also ant personal insurance history, including the claims if the purchase proponents, etc.
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O, and also ant personal insurance history, including the claims if the purchase proponents, etc.
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In addition to questions in the proposal form, the applicant shall disclose whether or not the question-
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3 Any information bearing on more, the dangers involved
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the proponent is not required to disclose-
1 Information that the insurer may assume that I know in the ordinary course of its business as an insurer,
1 Information that the insurer may assume that I know in the ordinary course of its business as an insurer,
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2 The facts tend to show that the risk is lower than usual,
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4 Facts that do not have to disclose the policy states.
So, convinced by a solemn obligation to make full disclosure of material facts that could be relevant for the insurer to consider, and whether the proposal should be accepted or not. While making a disclosure of the relevant facts,
the doctrine of cause-effect relationship
where there is more danger of an act simultaneously or consecutively, it will be difficult to assess the relative impact of each hazard, or choose one of these as the actual cause of loss. In such cases, learning about cause and effect relationship helps to determine the actual cause of loss.
Cause-effect relationship is defined in Pawsey v. Scottish Union and National Ins. Co., [5] as "the active efficient cause that drives the train of events that brings the result without the intervention of any force and began actively working against new and independent sources." It is the dominant and efficient cause, although this is not the closest in time. It is therefore necessary when it comes to losing to investigate and determine the causal relationship of loss in order to determine whether the insurer is liable for the loss.
causal connection DAMAGES
fire policies covering the risks that the damage caused by the way požara.Vatra May be caused by lightening, explosion or implosion. This may be a result of riots, strikes or because of any, malicious act. However, these factors must ultimately lead to fires and fires must be proximate cause of damage. Therefore, the loss caused by theft of property militants would not be covered by fire politike.Mišljenje that the loss was covered under the malicious act of a clause, and time. The insurer is required to meet demand is unsustainable, because if a fire is a causal connection F damage, any claim under the fire policy will be sustainable. [6]
fire policies covering the risks that the damage caused by the way požara.Vatra May be caused by lightening, explosion or implosion. This may be a result of riots, strikes or because of any, malicious act. However, these factors must ultimately lead to fires and fires must be proximate cause of damage. Therefore, the loss caused by theft of property militants would not be covered by fire politike.Mišljenje that the loss was covered under the malicious act of a clause, and time. The insurer is required to meet demand is unsustainable, because if a fire is a causal connection F damage, any claim under the fire policy will be sustainable. [6]
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fire policies covering the risks that the damage caused by the way požara.Vatra May be caused by lightening, explosion or implosion. This may be a result of riots, strikes or because of any, malicious act. However, these factors must ultimately lead to fires and fires must be proximate cause of damage. Therefore, the loss caused by theft of property militants would not be covered by fire politike.Mišljenje that the loss was covered under the malicious act of a clause, and time. The insurer is required to meet demand is unsustainable, because if a fire is a causal connection F damage, any claim under the fire policy will be sustainable. [6]
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procedure for performing assurance policy of fire
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procedure for performing assurance policy of fire
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1 The choice of insurance company:
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2 Submission of the form:
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2 Submission of the form:
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an individual or business owner must submit a completed form with prescribed motion the necessary information to ensure the proper consideration and subsequently odobrenje.Podataka in the tender form should be given in good faith and must be accompanied by documents that confirm the value of real property or goods who are insured. Most companies have their own personalized proposal forms in which the exact information to be provided.
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, duly filled tender form shall be submitted to the insurance company makes the "on site" inspection of the property or goods that are the subject of insurance. This is usually done by investigators, or surveyors, who were appointed by the company and what they need to report back to them after thorough research and surveys. It is imperative to assess the risks involved and calculate the premium rate.
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4 Acceptance of the proposal:
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4 Acceptance of the proposal:
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4 Acceptance of the proposal:
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1 The circumstances and cause of the fire,
2 Possession of the state space where the fire occurred,
3 Secured the interest of insured property, which is the capacity in which the insured claims, and whether any others interested in the property,
4 Other insurance on the property,
5 The value of each asset at the time of loss, together with evidence of it, and salvage value, if any, and
6 Amount claimed
Furnishing such information relating to the requirement and the requirement for liability insurance. These data will allow the insurer to check whether the-
(1) policies in force,
(2) the danger caused by the loss of the insured risk,
(3) the property damaged or lost the insured property.
The rules for calculating the value of
the value of insured property,
1) Its value at the time of loss, and
2) In the place of loss, and
3) Its actual or intrinsic value, regardless of its sentimental Vale. The loss of potential earnings or other consequential loss can not be taken into account.
FILING
How to claim occurs?
The contract of insurance against fire has been in existence, the request can be produced by one or more of the insured risk on unsecured property. There May with one or more of the uninsured risks and operating simultaneously or in succession property. To request to be valid the following conditions must be met:
The contract of insurance against fire has been in existence, the request can be produced by one or more of the insured risk on unsecured property. There May with one or more of the uninsured risks and operating simultaneously or in succession property. To request to be valid the following conditions must be met:
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The contract of insurance against fire has been in existence, the request can be produced by one or more of the insured risk on unsecured property. There May with one or more of the uninsured risks and operating simultaneously or in succession property. To request to be valid the following conditions must be met:
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The contract of insurance against fire has been in existence, the request can be produced by one or more of the insured risk on unsecured property. There May with one or more of the uninsured risks and operating simultaneously or in succession property. To request to be valid the following conditions must be met:
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4 The appearance must be in the currency of politics,
5 The insured must meet all requirements and policies should also meet the requirements to be fulfilled after the claim arose.
material facts in a fire insurance: Previous conviction ACCUSED
criminal record for sure can affect the moral hazard, the insurer's estimate and does not detect a serious crime such as robbery by the prosecutor that material is confidential.
insured the duty of a fire, IMPLIED DUTY
At the outbreak of fire is provided under the obligation to respect implies good faith by the insurers and the insured under it must make every effort to prevent or minimize loss. For this purpose, it must (1) take all reasonable measures to extinguish the fire and prevent its spread, and (2) to help firefighters and others in their attempts to do in any case do not come in your way.
At the outbreak of fire is provided under the obligation to respect implies good faith by the insurers and the insured under it must make every effort to prevent or minimize loss. For this purpose, it must (1) take all reasonable measures to extinguish the fire and prevent its spread, and (2) to help firefighters and others in their attempts to do in any case do not come in your way....
At the outbreak of fire is provided under the obligation to respect implies good faith by the insurers and the insured under it must make every effort to prevent or minimize loss. For this purpose, it must (1) take all reasonable measures to extinguish the fire and prevent its spread, and (2) to help firefighters and others in their attempts to do in any case do not come in your way....
With this facility provided the property can be removed to a place of safety. Any loss or damage to insured property may be incurred during attempts to fight fire or during the removal to a place of safety, etc., shall be deemed to be caused by a loss of some fire.
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insurer's right to an outbreak of fire
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corresponding to the duties of insured insurers are entitled by law, with respect to the obligations undertaken in order to compensate the insured. Thus, insurers have the right,
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O take reasonable measures to extinguish the fire and to minimize loss of property, and
o For this purpose, to enter and take possession of the property.
the insurer will be liable to make good any damage to the property may suffer for a time to take action to extinguish the fire until it is in their possession, because everything is considered a natural and direct result of fire, so it is held in the Ahmedbhoy Habibhoy against the Bombay fire Marine Ins. Co [8] that the extent of damage resulting from the insured risk must be assessed when the insurer returns, not just during the time when the threat has ceased.
(B) loss caused by the steps taken to avoid the danger of
suffered damages due to actions to avoid the insured risk is not due to the risk and was not recovered unless the insured risk began to act. In the case of Liverpool and London and Globe Insurance Co. Ltd. v. Canadian General Electric Co., Ltd, [9] the Canadian Supreme Court ruled that "the loss is caused by the firefighters' mistaken belief that their action was necessary to prevent an explosion, a loss is not recoverable from insurance policy, which covered only damage caused by fire, explosion. and loss are not recoverable under the insurance policy, which covered only damage caused by fire or explosion ."
(C) Express rights
(C) Express rights
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state of five - in order to protect their rights and insurers are required for better rights in this situation, according to which the happening of any destruction or damage the insurer and any person who is authorized by the insurer may enter, take or hold in possession of the building or premises where the damage happened or request to be submitted to them and deal with him for all reasonable purposes such as testing, planning, removal, or sell or dispose of the same on behalf of whom it may concern.
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When and how to lodge a complaint?
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In the event of a fire loss covered under the policy of fire insurance, the insured shall immediately notify that the insurance company. Within 15 days from the date of its kind, the insured must submit a request in writing, giving details of damages and their estimated value. Details of other insurance on the same property must be declared.
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Insured shall obtain and produce, at its own expense, like any document plans, account books, research reports, etc. on request by an insurance company.
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as insurance can be terminated?
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under the fire insurance policy may be terminated at any of the following circumstances, namely:
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under the fire insurance policy may be terminated at any of the following circumstances, namely:
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(1) Insurer to avoid the policy because the insured of misrepresentation, misdescription or non-disclosure of any material particular;
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CONCLUSION
Tangible assets are exposed to numerous risks such as fire, flood, explosion, earthquake, riots and war, etc. and may provide protection against most of these risks individually or in kombinaciji.Oblik expressing cover the many and very different. Insurance against fire in the narrow sense refers to gives protection from fire and fire only. Thus, while providing fire insurance policy all equipment should be ispunjeni.Osigurani are under a moral and legal obligation to provide the ultimate in good faith and should tell the truth the facts, and not just fake basically just greed for money recovery. Furthermore all insurance policies to help in the development of developing nations. Therefore, insurance companies are charged to assist the insured when the insured person in distress.
References:
References:
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References:
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1 (1983) VR 698 (Supreme Court, Vienna)
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1 (1983) VR 698 (Supreme Court, Vienna)
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3 Small v. United Kingdom marine insurance association (1897) 2 QB 311...
6 National insurance against Ashok Kumar Barariio
7 Devlin v. Queen Insurance Co. (1882) 46 UCR 611th
7 Devlin v. Queen Insurance Co. (1882) 46 UCR 611th
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7 Devlin v. Queen Insurance Co. (1882) 46 UCR 611th
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8 (1912) 40 IA 10 PC
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books:
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1.Ekonomski fire protection by Ganapathy Ramachandran
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2 Modern Insurance Law, John Birds
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