Sir,
One of my village friend had a policy with NIA Co. under the GROUP PERSONAL ACCIDENT INSURANCE POLICY, for a insured value of Rs.1,00,000/-. Unfortunately he expired in an accident on 30.9.2000 when the policy was in force. On 22/10/2001 the widow intimated the insurer about the death & claimed the policy amount. The insurer has refused the claim vide their letter dated17/7/02 with the remarks that
"In this case intimation was given after 11 months, hence we express our inability to entertain the claim and returning the papers submitted by you vide your registered letter dated: 5.06.2001, posted on : 22.102001".
It is important to intimate that the widow have filked a claim case under MV Act some time in 2000 and the same is to the knowledge of the insurer in as much as the Insurer have already satisfied the award passed in the said case.
So now my query is:
If the Insurer is justified in repudiating the claim against/arising out of the GROUP PERSONAL ACCIDENT POLICY ?
Despite having entertained the case under the MV Act, can the insurer plead that the intimation was late ?
Can the widow now go for a consumer case basing on the repudiation letter dated 17/7/2002 (implication of limitation to sue).