Exemption of Classes of Claims Under Section 64UM (10) of Insurance Act, 1938

The exemption of classes of claims under sub-section (10) of Section 64UM of the Insurance Act, 1938 states that whereas, regarding the classes of claims as stated in the Schedule, the Authority is pleased that it is customary towards entrusting the work of surveyor loss assessment to any individual other than a licensed surveyor or loss assessor, or it is not feasible in order to make any survey or loss assessment.

Currently, therefore, in exercising the powers as conferred by sub-section (10) of Section 64UM of the Insurance Act, 1938, (4 of 1938) the Authority exempted the classes of claims as stated in the Schedule from the operation of the mentioned section.

This Order would supersede every other Order issued earlier regarding this.

SCHEDULE

•    Claims under the policies relating to which documentary proof of the value of loss is available in the form of Police Reports, short-landing or non-delivery certificates which are issued by Port Trusts, Railways or any other public or semi-Government authorities, also claims relating to which excise authorities provide a certificate for dutiable items as well as sling loss claims certified through Harbour Authorities.

•    Claims relating to the General Average under marine policies.

•    Claims regarding the entire loss or constructive total loss under agreed value insurance policies or valued policies as stated in Section 29 of the Marine Insurance Act, 1963 (11 of 1963).

•    Claims as per policies of motor vehicle insurance in which the claim is on account of theft or injury or death to third parties.

•    Claims as per Health Insurance Policies which includes travel as well as personal accident covers;

•    Claims in accordance with the Workmen’s Compensation/ Benefit policies under the Employees Compensation (Amendment) Act, 2009 or any similar Act.

•    Claims as per the public liability policies, which includes third party liability, Professional indemnity, products liability as well as personal liability except where liability coming out of property damage or defect towards physical property or goods are involved.

•    Claims in accordance with Aviation Hull insurance policies as well as Cyber insurance policies.

•    Claims in accordance with Money insurance which includes cash in transit policies.

•    Claims in accordance with All risks and Burglary insurance policies on personal effects and jewellery.

•    Claims relating to the Race Horses insurance policies and Live-stock insurance policies.

•    Claims with regard to loss or damage in the direction of crop, trees, plantations and forests which are covered through Government-sponsored Schemes.

•    Claims relating to loss or damage to tea in transit from gardens within India.

•    Claims regarding the policies of the nature of Bonds and Guarantees which includes fidelity guarantees, Bankers’ Blanket policies, credit insurance, as well as under policies insuring contractual liability.

•    Claims with respect to which the sum of claim is determined through recognized as well as well-established conventions or under agreements.

•    Claims, the sum of which was adjudicated upon or decreed through courts.

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eStartIndia Team