Discuss about the admissibility of claim and which insurer will bear the loss?

CS Professional · Insurance - Law and Practice · PYQS · December 2021
Discuss about the admissibility of claim and which insurer will bear the loss?

Answer & Explanation:

Claim is admissible and where the assured is over-insured by double insurance: the assured, unless the policy otherwise provides, may claim payment from the insurers in such order as he may think fit. However, he is not entitled to receive any sum in excess of the indemnity allowed by this Act. where the policy under which the assured claims is a valued policy, the assured must give credit as against the valuation, for any sum received by him under any other policy, without regard to the actual value of the subject-matter insured. where the policy under which the assured claims is an unvalued policy he must give credit, as against the full insurable value, for any sum received by him under any other policy. where the assured receives any sum in excess of the indemnity allowed by Marine Insurance Act, 1963, he is deemed to hold such sum in trust for the insurers, according to their right of contribution among themselves.

Topics: Marine Insurance

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