Why is written communication so important? The following case shows the significance of written communication in insurance related disputes.
Dispute between Rehana Sultan v/s Bajaj Allianz
Award/Complaint no IO/BHP/R/GI/0210/2019-20
Cause of dispute Wrong cancellation of policy
Amount of claim
Relief Sought 400000
Award in favour of Insured
Date of Award/Order 10/02/2020
Location Bhopal
Brief facts:
The insurer stated that the policy was as per request of the insured. The complainant contended that no such request was made to the insurer.
The insurer further contended that the premium was refunded and that the complainant did not approach its grievance cell. Complaint should have been lodged with the Ombudsman within one year but that has not been done. So the complaint should be dismissed.
Ombudsman's ruling:
The complainant has submitted proof of letters sent by her to the insurer. The complainant approached this office within one year so that rule has also not been violated.
Insurer could not submit any proof of the request made by the complainant for cancellation of the policy. Insurer has claimed that the complainant made the request telephonically but it could not provide any record of the call.
Clause D.3 of the policy states that any communication to the insurer must be made in writing. Therefore a telephonic request is a breach of the above policy condition. Hence cancellation of the policy must be revoked by the insurer. And claim made should e settled as per terms and conditions of the policy.
Remarks: Clearly the communication with the insurer must be in writing.
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