A top equestrian, Sundar Raj, insured his prize show horse, Karishma, for ₹ 2.5 lakh. After a series of lack lustre performances, Karishma died suddenly from what appeared to be colic, a common killer disease of horses.
CS Professional · Insurance - Law & Practice · PYQS · June 2023
A top equestrian, Sundar Raj, insured his prize show horse, Karishma, for ₹ 2.5 lakh. After a series of lack lustre performances, Karishma died suddenly from what appeared to be colic, a common killer disease of horses. However, the underwriters settled the claim of ₹ 2.5 lakh although many observers felt that the settlement was more than the horse was worth alive due to its poor performance just prior to its death. During the same time, the Fraud Investigation Department of the Insurance Company was involved in an investigation regarding horse killings and related insurance fraud. They arrested one Salim, who said that he was paid to kill horses so that their owners could collect any insurance proceeds. Further, Salim also revealed the names of his clients wherein Sundar Raj was also mentioned. During the trial, the owner testified that Karishma had not died of a natural cause, but instead died of electrocution which can be easily disguised as colic. From the information provided, answer briefly, the following questions: (iii) Can the company call back the insurance settlement of ₹ 2.5 lakh?
Answer & Explanation:
In this case, due to fraudulent activity involved, an insurance company has the power to call back an insurance compensation of ₹ 2.5 lakhs. When an insurance company learns that an insured person purposefully provided false information or acted fraudulently to secure the settlement, they may file a lawsuit to recoup the money paid out. It is crucial to remember that the insurance company must offer proof to back up any allegations of fraud. Usually, they have to file a lawsuit and argue their case in court. The insured person will have a chance to argue their case and offer their own proof. The result will be determined by the particular facts, the evidence offered, and the relevant laws and rules governing insurance contracts.
Topics: Insurance Claims
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