Kapil purchased an automobile service station from Vimal. The purchase price included the costs of building, equipment and other assets. The business was financed by a loan taken by Kapil from a scheduled bank, which als

CS Professional · Insurance - Law and Practice · PYQS · December 2015
Kapil purchased an automobile service station from Vimal. The purchase price included the costs of building, equipment and other assets. The business was financed by a loan taken by Kapil from a scheduled bank, which also held a mortgage of the building. Kapil, after purchase, converted one of the car-repair bays into a quick-service restaurant. Kapil had secured an insurance cover on the property but did not disclose to the insurer about the conversion. Six months after the commencement of the business, a car undergoing servicing at the station caught fire and damaged the roof over a bay in the service station area. From the above information, answer the following questions with reasons in brief: Could Kapil's insurer deny coverage for fire on the basis of material misstatement of facts ?

Answer & Explanation:

The insurer has right to cancel the contract (reputation) and can deny the coverage/ claims for the misstatement/concealment of material fact by assuming that the fire was due to restaurant operations, which was not informed to the insurance company.

Topics: Property Insurance

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