• Insurance claim rejection due to beneficiary issue

Can an insurance company which didn't verify the beneficiary details at the time of registration can reject the claim later citing beneficiary issues? My friend purchased a mobile and gave it to me. The insurance company registered my mobile and I am paying insurance each month. Now, mobile got stolen and while making a claim insurance company is saying invoice is not on your name. Shouldn't they have verify the same at the time of registration only? Can a legal action be taken?
Asked 4 years ago in Criminal Law
Religion: Hindu

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19 Answers

insurance company will pay claim amount only if purchaser lodges claim

2) in your case you are not purchaser of the mobile phone that was stolen

3) insurance company can reject your claim

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

You need to file complaint in the consumer forum against the insurance company along with compensation for mental agony and legal charges.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

insurance company should have checked details before issue of policy

2) even you ought to have checked whether purchase invoice is in your name or not

3) you should not [pay insurance premium if bill is not in your name

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. when the mobile was sold to you, the attached insurance was required to be transferred from the name of original owner to your name

2. so the purchaser has to inform about the above to the insurance company

3. the premium can be paid by anybody.

4. insurance company does not care about who pays the premium. It is only concerned with the collection of premium

5. at the time of making claim, the company will follow the original owner and not his puchaser, unless the purchaser has duly informed the company that he has now bought the article and that the policy should be transferred to his name

6. now you can ask the insurance company whether a letter or affidavit from the original policy holder stating that he has no objection if insurance policy is transferred to your name, would suffice for the purpose of transferring the policy to your name

7. see how the company responds and then next steps can be decided

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

you can file complaint before consumer forum against rejection of your claim but chances of success are bleak

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

ohh in that case you have taken insurance for a second hand mobile

did you specifically inform the insurance company that insurance is needed for a second hand mobile?

generally the insurance company sanctions the claim only in favour of owner whose name appears in the invoice issued by the manufacturer

you will have to inform to the insurance company that it is a second hand mobile

or in the alternative, since you have purchased the mobile from your friend itself, let her receive the claim amount which she can then forward to you

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Since you are original beneficiary of the insurance and the insurance was taken in your name, you paid the insurance amount they cannot deny your claim file a consumer compliant against the insurance company and claim damages and compensation for mental harassment and litigation fees.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Insurance will be claim by the owner, Dosen`t matter who is using the cell or paid EMIs.

Ask your friend to file claim.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. The Insurance company verifies only the Insurer (that too on good faith & self-declaration basis) and not the beneficiary.

2. Ask your friend to give affidavit that he has sold the mobile to you for so-&-so amount and that you are its absolute owner. Attach the original purchase receipt with the affidavit. Submit all these to the Insurance co.

3. IF the insurance co. fails, THEN file a grievance petition with the local Consumer Court.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Your friend purchased the mobile in her name and you continue to use it. However when you submitted the details to the Insurance company, you have stated that your the owner and you have filled in the details that was requested. The Insurance company went ahead and accepted your disclosures in good faith. Now when the mobile was stolen from you, you claimed for the insurance, which is when you submitted a copy of the Invoice, which reveals the name of your friend. due to discrepancy Insurance company rejected the claim. However they have been accepting the insurance premium from you, which should not have been done in the first place. As the handset is insured, the beneficiary need not be one and same. If so, the claim can be filed by your friend once more, even after which the Insurance company does not process your claim. Then You can file a consumer complaint against them and seek damages and compensation.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

You cannot claim when you are at wrong.

Was it not your duty to transfer it to your name when it was not purchased on your name?

You cannot blame the insurance rules if you are ignorant of law.

Even now you can ask your friend to raise the claim for insurance claim compensation against the theft if it is in the permissible limit.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Have you made the claim in writing?

Did they give a reply in writing rejecting your claim?

If you can approach consumer forum with a complaint against the insurance company seeking claim amount and compensation for deficiency in service.

Let the court decide after hearing both sides and on the basis of documentary evidences relied by both sides.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Yes legal action can be taken. Even the insurance is not in your name they still can't deny the claim. As even the person using the mobile is a consumer. So they have to initiate your claim. You can send them a notice and file consumer complaint.

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

You are justifying your position where as you don't want to understand the law.

You keep blaming them but are not ready to accept the lapses on your side.

The irregularities pointed by are the trump card for you to navigate into consumer case and win your case.

You may discuss with your lawyer and proceed as per suggestions and recommendations by your lawyer.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

Firstly, at the time of purchase the invoice was drawn on your friend’s name, but it doesn’t bar you to claim for the insurance.

Secondly, at the time of getting the insurance you provided the detail of yours plus the invoice details etc., if they have any such policy to give insurance only to the person whose name is on the invoice then they should have checked it and asked the same from you.

Thirdly, you are right at your part they are not.

Please give them a legal notice first then take them to the condiment forum not only asking for the insurance but also for the litigation expenses and mental torture compensation.

If you wish I can help you in drafting the legal notice.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

They cannot reject your claim as the moment they issued policy in your name and accepted EMI’s from you they have waived off all their claims in respect of earlier ownership of the mobile. Now they cannot turn tables and put a blame on you for their negligence. You can issue a legal notice and file a complaint before Insurance Ombudsman or Consumer Court. Your success will be 100%.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Claim before the consumer court that you purchased the new phone from her or she gifted you and then you took the insurance on your name and the insurance company terms and condition did not specify such condition the consumer court shall grant you relief.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

In this case, you can serve a legal notice to the insurance stating your grievances asking them to buy the full insurance amount to you within 15 days.

If they fail to adhere, you can proceed to file a complaint in, consumer forum for deficiency of services, but it takes years for cases tocbe disposed in consumer courts.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You'll also need to state that the said mobile phone was recieved by you from your friend as a gift and you've been regularly paying the insurance premium for the same, without any delay.

Their repudiation of the claim amounts to wrongful repudiation as the same was accepted by them,and the insurance was done within a month from the date if purchase.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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