insurance education center

insurance education center
insurance comes as a person who enters into an insurance contract with the insurer to him before the loss of property by fire or incidental to, and / or lighting, explosion, etc. This is primarily a contract and thus as it after the general contract law. However, it has some peculiarities, such as insurance, as the largest faith, insurable interest, indemnity, subrogation and contribution, etc. These principles are included in all insurance contracts and are governed by specific principles of justice .

FIRE INSURANCE VALUE:
Under Section 2 (6A) "," fire business "is the activity of the implementation, otherwise than in the rest to another class of insurance business, contracts of insurance against loss of or in connection with fire or other events which usually among the risks for fire insurance business.
According to Halsbury, it is a contract with the insurance, the insurer for the examination agrees that to a certain extent and under certain conditions, against loss or damage by fire, which is the property of the insured during a specified period.
Thus, fire insurance is a contract whereby the person who is in search of insurance, enter into a contract with the insurer to him before the loss of property or incidental to fire or lightning, explosion, etc. This policy is to ensure property and other items from the loss due to the totally or partially damaged by fire.
In its narrow sense, a fire is a contract:
1. Their principle is the subject of insurance against loss or damage by fire.
2. The extent of the insurer's liability is limited by the insured and not necessarily by the extent of loss or damage to the insured and

3. The insurers have no interest in the security or destruction of property of the insured with the exception of liability under the contract.
Legal FIRE INSURANCE VALUE
There is no statutory definition, the fire insurance, as in the case of marine insurance, by the Indian Marine Insurance Act, 1963. Indian Insurance Act, 1938 dealt mainly with the regulation of the insurance business as such and not with a general or specific principles of the Law on the fire of other insurance contracts. This is also the General Insurance Business (Nationalization) Act, 1872. in the absence of a legal determination on the issue, the courts in India have in dealing with the issue of fire have so far to the jurisdiction of the courts and the opinions of English lawyers.

In determining the value of property damaged or destroyed by fire for the purpose of compensation under a policy of fire insurance, the value of the property to the insured, to be measured. Prima facie, that was determined by reference to the market value of the property before and after the loss. But this type of assessment is not applicable in cases where the market does not represent the real value of the property to the insured, as where the property was signed by the insured as at home or for business. In such cases, the degree of compensation was the cost of reinstatement. In the case of Lucas v. New Zealand Insurance Co. Ltd [1], in which the insured property was purchased, and as an income-producing investments, and thus the Court held that the proper measure of compensation for damage to property by fire was the cost of reinstatement.

INSURABLE INTEREST
A person who is so in a property to have benefit from its existence and touched by his destruction have insurable interest in that property. Such a person can insure the property against fire.
The interest in the property must exist both at the beginning as well as at the date of loss. If this is not the case at the beginning of the contract can not be covered by the insurance and if they do not exist at the time of the loss he suffers no loss and does not need any compensation. Sun, where he sold the property of the insured, and it is damaged by a fire after he suffers no loss.
ISSUES IN THE CONTEXT OF THE FIRE INSURANCE POLICY VALUE
The date of conclusion of insurance companies issuing the policy differs from the acceptance or the acceptance of risks. Section 64-VB only broadly defined, that the insurer may not assume the risk before the date of receipt of the premium. Article 58 of the Insurance Rules, 1939 talks about the advance payment of premiums in respect of the sub-section (!) Of Section 64 VB to the insurer the risk from the time. If the applicant does not desire a certain time, it was possible that the applicant is to negotiate with insurers on this notion. Precisely why the Apex Court has said that the final assumption is that the insured or the insurer depends on the way into the negotiations for the insurance are so far advanced. Although the following risks, which seem to have the fire insurance, but are not fully covered by the Directive. Some of the disputed territories are as follows:
FIRE: destruction of or damage to property of the insured by its own fermentation, natural heating or spontaneous combustion or any of his heating or drying can not be treated as damage due to fire. For eg, colors or chemicals in a factory in the heat treatment and thus be damaged by a fire is not covered. Further, burning of property insured on behalf of a public authority is not within the scope of coverage.

LIGHTNING: Lightning can cause fire or other type of damage like a broken roof, through a chimney by lightning or cracks in a building by a lightning strike. Both fire and other types of damage caused by lightning are in politics.
AIRCRAFT DAMAGE: The loss of or damage to property (by fire or other), by air and other devices of the air and / or articles dropped it off. However, destruction or damage caused by pressure waves caused by aircraft traveling at supersonic speed speed is outside the scope of the directive.
Riots, strikes, malicious and TERRORISM DAMAGE: The act of a person who, together with the other part in a disturbance of public peace (with the exception of war, invasion, mutiny, rebellion, etc.) is, as a riot, strike or a terrorist activity . Unlawful act not covered by the Directive.
STORM CYCLONE, TYPHOON, TEMPEST, hurricane, tornado, flood and flood: Storm, Cyclone, Typhoon, Tempest, Tornado and Hurricane are all types of violent natural disturbances, which, accompanied by thunderstorms and strong winds or heavy rain. Flood or flooding occurs when the water rises to an unusual degree. Flood or flooding not only be understood in the common sense of the terms, ie, floods in rivers or lakes, but also accumulation of water through the clogged sewers, flood control is considered.
INJURY IMPACT: Impact of road and rail vehicle or animal by direct contact with the insured property. However, as vehicles or animals should not be owned or owned by the insured or any occupants of the premises or their employees, while in the course of their employment.
Subsidence and landslide INCULUDING ROCKSIDE: destruction or damage by Subsidence part of the site at which it owns or landslide / rockslide is. While Subsidence means sinking of land or buildings to a lower level, sliding landslide resources by country usually on a hill.
However, normal cracking, settlement or bedding down of new structures, control or movement of soil, coastal or river erosion, faulty design or workmanship or use of defective materials and demolition, construction, alteration or repair of property or ground -- works or excavations are not covered.

Bursting AND / OR WATER TANKS overcrowded, EQUIPMENT AND PIPES: loss of or damage to property by water or else in the explosion or an accidental overflow of water tanks, apparatus and pipes will be.
Missile tests Operations: destruction or damage caused by impact or otherwise of trajectory / projectiles in connection with missile testing operations of the insured or any other person, is covered.

Leakage from automatic sprinkler systems: Damage caused by water accidentally discharged or leaked through to the automatic sprinkler installations in the insured's premises is covered. However, as the destruction or damage caused by repairs or alterations to buildings or premises, repairs or removal of the extension sprinkler system and deficiencies in construction known to the insured, are not covered.
BUSH FIRE: It is caused by burning, whether accidental or otherwise, of bush and jungles and the clearing of land by the fire, but the destruction or damage caused by forest fire.
RISKS WHICH ARE NOT WITH FIRE INSURANCE POLICY VALUE
Information that is not maintainable / under this policy are as follows:
• Theft during or after the occurrence of an insured risk

• war or nuclear hazards
• Electrical breakdown
• Ordered burning by a public authority

• Subterranean Fire
• Loss or damage of gold, precious stones, curios (value more than Rs.10000), plans, drawings, money, securities, checks, books, computer records, unless they are categorically included.
• Loss or damage to property to another location (with the exception of machinery and equipment for cleaning, repair or renovation of more than 60 days).

CHARACTERICTICS THE FIRE INSURANCE CONTRACT VALUE
A fire agreement has the following characteristics, namely:
(a) Fire insurance value is a personal contract
A fire not to contract the security of the insured property. His goal is to see that the insured does not suffer loss because of his interest in the insured property. Therefore, if his connection with the insured person no longer protected by the property to another person, the insurance is also at an end. It is not so in connection with the subject of insurance in order automatically to the new owner, which transferred the motif. The Treaty of fire is just a personal contract between the insured and the insurer for the payment of money. It is valid for one another only with the consent of the insurer.

(b) It is indivisible and complete job.
Where the insurance is mandatory and its contents on stock and machinery, the contract is expressly agreed divisible. Thus, if the insured for breach of duty to the insurer in respect of a matter of policy, the insurer may terminate the contract as a whole and not just in relation to this specific subject mater, unless the right is limited by the conditions politics.
(c) Cause of the fire is irrelevant
In Insurance against fire, the insured wishes to protect him from any loss or damage he may suffer after the occurrence of a fire, but it can cause. So long as the damage by fire within the meaning of the policy, it is immaterial what the cause of the fire is, in general. So whether it is because the fire was lit wrong or right was illuminated, but negligence in order thereafter, or whether the fire was caused due to the negligence of the insured or his servants or strangers is irrelevant, and the insurer is obligated to indemnify the insured . In the absence of fraud, the immediate cause for the loss is just to check,.

The cause of the fire, however, material to be examined
(1). Where the fire is not by reason of negligence, but by the deliberate

(2) Where is the fire is the cause, with the exception in the treaty.
LIMITATION OF TIME
Liability insurance was an agreement by the insurer to the insured a contractual right to the prima facie arose as soon as the loss suffered by the happening of an event to be covered by the insurer in the same position in which the defendants would have the event not occurred, but in no better position. It has been a primary liability, ie, and a secondary liability, ie, the insured, in its pre-loss position, either by pushing it to an amount or it could be another way. But the fact that the insurer has an option to the manner in which he assured the pre-loss position does not mean that he is not suited to him in one way or another, once the loss has been . The primary liability arises on the happening of the event insured. So, the time ran from the date of loss and not from the date on which the policy is avoided and all for the end of this period would be barred. [2]
WHO CAN INSURE against fire?
Only those who have an insurable interest in property fire insurance values accordingly. Below you will find under the category of those who held to have insurable interest in the property and can insure these items:
1. Owners of the property, whether sole or joint owner or partner in the firm in possession of the property. It is not necessary that they also owned. Thus, a less and a lessee can insure or both together strong.
2. The seller and buyer have the rights to insure. The seller's interest so long continues until the transfer is complete and then when he unpaid by Malz + + Kassner about them.
3. The mortgagor and mortgagee have different interests in the mortgaged property and may insure, per Lord Esher MR "The mortgagee does not claim that its interest by the mortgagor, but because of the mortgage to him an interest that is distinct from the mortgage borrowers' [3]

4. Trustees are legal owners and beneficiaries of the beneficial owner of trust property, and everyone can insure.
5. Bailees such as airlines, pawnbrokers or warehouse men are responsible for the safety of the property, and so they can insure.
PERSON NOT TO INSURE

One that is not insurable interest in a property can not be assured. For example:
1. An unsecured creditor may not assert his property of the debtor, since only his right against the debtor personally. He may, however, the debtor's life.
2. A shareholder of a company can not insure the property of the company, as he has no insurable interest in an asset of the company, even if it the sole shareholder. As in the case of Macaura v. Northern Assurance Co. [4] Macaura. Since neither a simple nor creditors as a shareholder, he had all insured interest.
CONCEPT of utmost FAITH
Since all contracts are contracts, insurance of utmost good faith, the applicant for the fire insurance is also a positive obligation to seek full disclosure of all material facts and not lead to a false representation or misdescreptions like this during the negotiations for the receipt of the policy. This obligation of utmost good faith applies to the insurer and the insured. It must be complete in good faith on the part of the insured. This obligation to comply with the highest good faith is ensured b the applicant to declare that the statements in the proposal form that it is the basis for the contract and the erroneous or false statement is there for the politics. The insurer may then, in order to eliminate the risk and appropriate premium and the risk or Reject.
The questions in the proposal for a fire are so framed to all information that is essential to the insurer to know the risk and sets the premium, which means that all material facts. So if the applicant is obliged to give information about:

o The applicant name and address and occupation
o The description of the subject matter of insurance sufficient for the purposes of identification, including,
o A description of the place where it is located
o How the property is used, whether for the purpose of manufacturing or hazardous trade.etc
o Whether there is already assured
o ant and personal insurance, including claims history, if all purchase by the applicant, etc.
Apart from questions on the application form, applicants should be asked whether or not --

1. All information that would indicate the risk of fire than normal;
2. Any fact which would indicate that the insurer's liability may be more than is normal to expect such as the existence of valuable manuscripts and documents, etc., and

3. All information on more; danger.
The applicant is not obliged to disclose --
1. Information that the insurer may be presumed to know in the ordinary course of its business as an insurer;
2. Facts which tend to show that the risk is lower than usual;
3. Facts, what information does the insurer and
4. Facts that do not open in terms of a policy condition.
This is guaranteed under a solemn obligation to provide full disclosure of facts which may be relevant for the insurer to take into account while deciding whether the proposal is acceptable or not. While disclosure of relevant facts, the
Doctrine of the immediate cause

If there is more danger than an act simultaneously or in succession, it is difficult to assess the relative impact of each risk or choose one of them as the root cause for the loss. In such cases, the doctrine of the immediate cause for finding the actual cause of the loss.
The immediate cause was Pawsey v. Scottish Union and the Member States Ins. Co., [5] as "the active and efficient cause in motion, that a train of events leading to a result without the intervention of a force, and actively supported by a new and independent source." "It is dominant and effective cause, even if it is not in the near future. It is therefore necessary, if an injury occurs, to investigate and determine what the immediate cause for the loss, to determine whether the insurer's liability for loss .
The immediate cause of the damage
A fire policy covers risks of damage by fire. The fire can be done by lightning, by explosion or implosion. There may be a result of riot, strike or on behalf of a harmful act. However, these factors lead to a fire and the fire must be the immediate cause of the damage. Therefore, a loss by theft of property by militants would not be by the fire policy. The view that the loss covered by the malicious act, and thus clause. Insurer was liable for the claim is untenable, because unless the fire to the immediate damage to B, no claim after a fire would be maintainable. [6]

Procedure for taking a fire-POLICY
The steps required for a fire insurance policy are to:
1. The choice of insurance company:
There are many companies that fire insurance against unforeseen events. The person or company to make sure when choosing an insurance company. The verdict should be based on factors such as Goodwill and long-term capacity on the market. The insurance companies can either directly or through representatives, some of them by the company itself.

2. Submission of the proposal form:
The individual or business must have a completed proposal form with the required information necessary to the assurance of a proper examination and subsequent approval. The information in the form of the proposal should be in good faith and must be through documents, the review of the actual value of the property or goods to be insured. Most companies have their own personal proposal is thus to provide accurate information.

3. Survey of Property / test:
Once the duly completed form to the insurance company, it is a "spot" survey of the property or the goods covered by the insurance. This is generally done by the investigators, or inspectors, which the society and they need to report to, after a thorough research and investigation. This is imperative to reduce the risks and the calculation of the premium.
4. The adoption of the proposal:
Once the detailed and comprehensive report is submitted by the insurance surveyors and related officers, the former makes a thorough review of the proposal form and the report. If the company is convinced that their is no gap or fraud or foul play involved, they are formally "accepted" the proposal form and forwards the insured pay the first premium for the company. It should be noted that the insurance starts after the payment and the acceptance of premium by the insured and the company, or. The insurance company a cover note: Following the adoption of the first premium.
PROCEDURE Upon receipt of the Notice of loss

After receipt of the notice of loss, the insurer must be insured to provide information about the loss of a claim made in relation to the information below
1. Circumstances and cause of the fire;
2. Occupancy and location of the premises where the fire occurred;
3. Insured interest of the insured property, which is where the insured claims, and whether others are interested in the property;

4. Other insurance on the property;
5. Value of each item of property at the time of loss, together with evidence, and the residual value, if any, and
6. Amount of the claim
The relevant information in relation to the claim is also a prerequisite for the liability of the insurer. The above information will enable the insurer to consider whether --
(1) The policy is in force;

(2) The risk for the loss of an insured risk;
(3) The property damaged or lost, the insured property.
Rules for calculating the value of the property

The value of insured property --
1) The value at the time of loss, and
2) the place of loss, and
3) The actual or intrinsic value, irrespective of their sentimental Vale. Potential loss of profits or other consequential damages is not to be taken into account.

FILING OF CLAIMS

What damage occurs?
Under a contract from the fire to come into contact, it is a claim arising from the operation of one or more insured risks on an unsecured property. It can also be one or more uninsured risks also simultaneously or in succession to the property. In order that the claim be made to the following conditions must be met:

1. The occurrence should be carried out by the operation of an insured risk or where both the insured and other hazards, which are dominant or efficient cause of the loss, the insured risk;
2. The operation of the danger may not be within the scope of the Directive exemptions;
3. The event has caused the loss or damage of insured property;
4. The occurrence during the lifetime of the policy;
5. The insured must be satisfied all the conditions and should also be familiar with the requirements after the claim arose.
Facts IN FIRE INSURANCE VALUE: previous conviction of the accused


The criminal could be secured by an impact on moral hazard, the insurer must be assessed, and the non-disclosure of a serious crime like robbery of the plaintiff would not be a material disclosure.
Insured OBLIGATION fire, IMPLIED DUTY
With the outbreak of a fire is an insured under an implied obligation to observe good faith towards the insurer and the insured after it must nevertheless do their best to minimize the loss or. To this end, he must (1), all reasonable measures to ensure the fire or prevent its spread, and (2) to support the firefighters and others in their attempts to do so in any case not in his way.
With this object in the insured property may be removed to a safe place. Any loss or damage to property, may obtain insurance in the context of attempts to fight the fire or during the removal to a place of safety, etc., are approximately as a loss by the fire.
If the insured is not his duty willingly and thus increases the burden on the insurer, the insured is deprived of his right to claim under the policy. [7]
Insurance rights to the fire
(A) the implicit rights
According to the insured the obligations of the insurer relating to the rights under the law, in relation to the liability they have undertaken to indemnify the insured. To ensure that the insurers have a right to --
o Take appropriate measures to remove the fire and to minimize the loss of property, and
o To this end, in order and take possession of the property.
The insurer will be obliged to take all the damage to the property obtained during the steps to the fire and as long as they are in their possession, as all, as the natural and direct result of the fire, it has therefore been in the case of Bombay v. Ahmedbhoy Habibhoy Fire Marine Ins. Co [8] that the extent of the damage from an insured risk to be assessed if the insurer returns and not at the time when the threat no longer exists.

(B) loss resulting from action to avert the danger
Damage caused by measures to prevent an insured risk was not a consequence of that risk and not recoverable, unless the insured risk had begun to work. 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 was by the fire brigade" false belief that their action was necessary to an explosion, and the loss was not recoverable under the insurance, the only damage by fire explosion., and the loss was not recoverable under the insurance, the only damage caused by fire or explosion. "
(C) Express rights
Condition 5 - in order to protect their rights and insurers have, for better rights expressly provided in this state under which the action on the destruction or damage the insurer and any person designated by the insurer can take or keep possession of the building or premises where the injury happened or require it to be delivered to them and deal with him for all reasonable purposes such as testing, the organization, eliminate or sell or dispose of the same for the account of where it can.
When and how a claim is made?
In the event of a fire loss, under the fire insurance, the insured person immediately a message to the insurance company. Within 15 days after the occurrence of such loss, the insured should only accept applications in writing the details of the damage and the estimated values. Details of other insurances on the same property should also be explained.
The insured should procure and produce, at its own expense, all documents such as plans, booklets, reports, etc. on request from the insurance company.

HOW INSURANCE TIMES ends?
After a fire insurance policy is no longer in any of the following circumstances, namely:
(1) insurer to the policy by reason of the insured person makes false statements, false or non-disclosure of material, above all;

(2) If there is a reduction or postponement of an insured building pallet or the structure or any part thereof, then after a period of seven days where, unless the fall or displacement was the action of an insured risk, in spite of this, the Insurance can again about the changed conditions, if the explicit reference to the company, when the event takes place;
(3) The insured may at any time to tie the request of the insured and to the possibility of the company on 15 Days that the insured
CONCLUSION
Tangible property is exposed to numerous risks such as fire, floods, explosions, earthquakes, riots and war, etc. and cover can be done about most of these risks individually or in combination. The form in which the cover will be many and varied. Fire insurance value in its narrower sense is the protection against fire and fire only. While the granting of a fire insurance policy all the conditions must be met. The insured is under a moral and legal obligation to extremely good faith and should tell the facts and not just fake reasons only with the greed for money. Other insurance in the development of a developing nation. Insurance companies therefore have a burden on the insured if the insured are in trouble.
REFERENCE:
1. (1983) VR-698 (Supreme Court of Vienna)
2. Callaghan v. Dominion Insurance Co. Ltd. (1997) 2 Lloyd's Rep. 541 (QBD)
3. Small v. UK Marine Insurance Association (1897) 2 QB 311
4. (1925) AC 619
5. (1907) Case.

6. National Insurance Company v. Ashok Kumar Barariio
7. Devlin v. Queen Insurance Co, (1882) 46 UCR 611th
8. (1912) 40 IA 10 PC
9. (1981) 123 DLR (3d) 513 (Supreme Court of Canada)
Books Referred:

1. The economics of fire protection by Ganapathy Ramachandran
2. Modern Insurance Law, by John birds
3. The manual for the Insurance Regulatory and Development Authority Act and Regulations with Allied Acts, by Nagar