Submit the documents sought by surveyor
2) also you must have called the fire brigade in account of fire
3) the fire department must have given its report as to cause of fire
4) forward said report to surveyor
Standard Fire & Special Perils Insurance
We have a manufacturing industry and recently during the drying process of semi-finished products inside the Electric Heating Oven, the fire caught into the job and it burnt completely. We had SBI Standard Fire & Special Perils Insurance therefore we claimed and Surveyor came and gave the following below report through email: Kindly suggest how to reply so that we can get product value. Surveyor Email: Dear Sir, Kindly refer the above mentioned subject and our survey visit of 28/09/2019 and 30/09/2019- you have informed us that Core Coil Assembly of 2 Nos. transformer (2.5 MVA each) and 1 coil Assembly (5 MVA) is damaged/burnt due to fire/heat/smoke – when it was undergoing heating/drying process in the oven. It is further reported that either there was short circuiting in the oven and/or temperature sensors failed- which caused the fire in the material (transformer core and coil) kept in the oven for the drying. During our visit we have not found any burnt marks on the oven (body/cable/wire/heater etc belonging to the oven), however, noticed the burnt marks on the material (transformer coil assembly and core coil assembly- paper insulation was found to be burnt)- which indicate that fire (if any)- was originated and limited in the material kept in the oven and probable reason for fire was “increase in temperature”. Sir, please note that loss is falling under the following policy exclusions: 1.Loss to Oven: “Loss, destruction or damage to any electrical machine, apparatus, fixture, or fitting arising from or occasioned by over-running, excessive pressure, short circuiting, arcing, self heating or leakage of electricity from whatever cause (lightning included). “ 2. Loss to Material: “its undergoing any heating or drying process.” Based on the above we are of the opinion that loss is not falling under the scope of the policy. however, if you have any difference in opinion – please revert back to us with the following document/information to proceed further: 1. Reason for the difference in opinion along with the supporting document/information. 2. Copy of the test report for the damaged affected material and Oven along with the estimate for repairs/replacement. 3. Copy of the Fixed assets register along with the year wise capitalization details since inception and copy of the purchase invoice of the affected Oven. 4. Copy of the stock Register along with the purchase and sales ledger from 1st April 2019 till date of loss. 5.Copy of the technical specification of the affected material along with the PO, purchase bills and costing. 6. Copy of the CA certified balance sheet 3 years along with ITR & all schedules and Provisional balance sheet from 1st April 2019 till date of loss. 7.Your offer for salvage (detailed offer along with the weight/unit of material and rate/unit) and request you to keep the affected item in safe custody till the time of claim settlement.
Asked 6 years ago in Business Law
9 Answers
1. You have a good case which warrants adjudication and you can do so by filing a case before the consumer forum.
2. Before the consumer forum you can seek appointment of another surveyor which would report afresh on the nature and extent of damages.
3. So I advise you to file the case before the consumer forum and get it adjudicated therein.
Tender a reply to them that the report of the surveyor is not correct and thereafter produce the documents in your favour.
Regards
Dear Sir, Thanks a lot to all of you for the above replies. My follow up question is that it is already written in the policy that: ## The loss to Material is excluding under fire policy if “its undergoing any heating or drying process.” So how can we justify our case in front of Honorable Court or somewhere else? The surveyor has already replied that: please note that loss is falling under the following policy exclusions: 1. Loss to Oven: “Loss, destruction or damage to any electrical machine, apparatus, fixture, or fitting arising from or occasioned by over-running, excessive pressure, short circuiting, arcing, self heating or leakage of electricity from whatever cause (lightning included). “ 2. Loss to Material: “its undergoing any heating or drying process.” Kindly suggest what should I do? 1. Should I ask the insurance company for an independent government registered surveyor? 2. Should I register complaint about the incident in the fire department after 18 days of incident? 3. Can you suggest any sentence or line answer them?
Asked 6 years ago
- Since the surveyor has already submitted his report and asking for some other documents , then you should arranged the same for a better claim without any interuption.
- If, his report is not as per happening and losses , then you should send a reply/objection to the Insurance company head office.
- Further, in case your submitted reply denied by the official , then you should file your complaint before the Consumer court .
- Consumer court has power to seek afresh surveyor report as well.
You ought to ha e called the fire brigade when fire took place
fire department report would have come in handy
you can obtain independent surveyor report as to cause of fire
Dear
If there are exclusion mentioned in your insurance contract of those particular losses mentioned as per surveyor report.
Then you cannot claim the losses suffered by you.
But yes you can ask company to provide another independent surveyor.
You can make complaint in consumer forum if you find any discrepancy in surveyor report
You can ho to consumer court in this matter against the said company.
1. Yes
2. You can
3. You can narrate the entire incident
The insurance company has asked you to produce the documents listed in his mail in order to consider your claim against the damages.
You may comply with the same, in case you are finding it difficult to comply with the same, you may take the help of a consultant to help you comply with the necessary requirements.
You should have lodged a complaint wit the local police as well as with the fire department.
How was the fire doused?
Did the fire service department come to your rescue?
If the insurance company is not granting the claim then you may ascertain the losses through an independent surveyor and t approach consumer forum for compensation against the insurance company.