IMPORTANCE OF SURVEYOR REPORT IN INSURANCE MATTERS

 

1.     Surveyor report is a very important document

In the matters concerning insurance whether it is a matter related to vehicle insurance, an accidental case or general insurance of house, factory or even insurance of goods on the way through carrier. Surveyor report is a very important document and ordinarily it cannot be challenged. Surveyor is an authorised agent of insurance companies who conducts survey of the spot, investigate the incident, evaluates loss and communicate to insurance company about the loss payable to the insured as per rules with its report  

2.     Immediate information necessary for prompt survey

To appreciate evidence, avoid loss and misreporting in theft cases, police action and survey is the immediate requirement, hence information of the incident to insurance as well as police also important. Evidence gets diluted in case of delayed information and investigation gets hampered

3.     Claimant cannot have a good case to challenge the report of the surveyor

If the decision of the insurance company is based on the survey conducted by them, claimant cannot have a good case to challenge the report of the surveyor unless integrity of the surveyor is questioned and malaise on their part is proved on the basis of sound eveidence.Surveyor is a professional entity equipped with proper licence and his performance is considered to be as per the established system and style. If surveyor makes an assessment of loss on the basis of rules under the policy, it cannot be challenged if the terms agreed between the parties.

4.     Claim is to be approved within the four corners of law as per contract

As per the  Sikka Papers Limited V National Insurance Company Ltd.111(2009)CPJ 90 SC  and number of other judgement such as  General Assurance Society Ltd. Vs. Chandumull Jain and another, AIR 1966 SC 1644, Oriental Insurance Co. Ltd. Vs. Sony Cheriyan (1999) 6 SCC 451 and United India Insurance Co. Ltd. Vs. Harchand Rai Chandan Lal (2004) 8 SCC 644,’terms of the contract are the most important factor while deciding the claim

“the endeavour of the court must always be to interpret the words in which the contract is expressed by the parties. The court while construing the terms of policy is not expected to  venture into extra liberalism that may result in re- writing the contract or substituting the terms which  were not intended by the parties. The insured cannot claim anything more than what is covered by the insurance policy.

5.       Insurance company cannot  appoint number of surveyors one after another to get report in their favour.

 

IRDA (Protection of Policy Holders’ Interest Regulations 2002)

 

                  The  Insurance company , on receipt of the legally appointed surveyor’s report, if found the report incomplete, was required to intimate the same to the legally appointed surveyor within 15 days with request to furnish additional report on the basic issues

If he fails to do so, then there can be question of second surveyor

            Case Law

The insurance company can appoint another surveyor only after recording the reasons for doing the same. In number of cases along with one in the matter of Sikka Papers Limited V National Insurance Company Ltd.111(2009)CPJ 90 SC  had condemned the practice of some insurance companies in appointing one surveyor after another without recording reasons for the same and at the back of insured without his knowledge

6.     Whether a company can claim compensation for mental harassment 

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