Insurance Regulatory And Development Authority of India 

Ref: IRDAI/SUR/ORD/MISC/197/11/2019

November 1, 2019

ORDER

Re: Exemption of classes of claims under sub-section (10) of Section 64UM of the Insurance Act, 1938

Whereas, in relation to the classes of claims mentioned in the Schedule hereto annexed, the Authority is satisfied that it is customary to entrust the work of survey or loss assessment to any person other than a licensed surveyor or loss assessor, or it is not practicable to make any survey or loss assessment.

Now, therefore, in exercise of the powers conferred by sub-section (10) of Section 64UM of the Insurance Act, 1938, (4 of 1938) the Authority hereby exempts the classes of claims mentioned in the said Schedule from the operation of the said section.

This Order will supersede all other Orders issued earlier in this regard.

SCHEDULE

1. Claims under policies in respect of which documentary evidence of the value of loss is available in the form of Police Reports, short-landing or non-delivery certificates issued by Port Trusts, Railways or other public or semi-Government authorities, claims in respect of which excise authorities give a certificate for dutiable items and sling loss claims certified by Harbour Authorities.

2.  Claims of General Average under marine policies.

3. Claims of total loss or constructive total loss under agreed value insurance policies or valued policies as defined in Section 29 of the Marine Insurance Act, 1963 (11 of 1963).

4. Claims under policies of motor vehicle insurance wherein the claim is on account of theft or injury/death to third parties.

5. Claims under Health Insurance Policies including travel and personal accident covers;

6. Claims under Workmen’s Compensation/ Benefit policies under the Employees Compensation (Amendment) Act, 2009 or similar Act.

7. Claims under public liability policies, including third party liability, Professional indemnity, products liability and personal liability except where liability arising out of property damage or defect to physical property/goods are involved.

8. Claims under Aviation Hull insurance policies and Cyber insurance policies.

9. Claims under Money insurance including cash in transit policies.

10. Claims under All risks and Burglary insurance policies on personal effects and jewelry.

11. Claims under Race Horses insurance policies and Live-stock insurance policies.

12. Claims in respect of loss or damage to crop, trees, plantations and forests which are covered by Government sponsored Schemes.

13. Claims in respect of loss or damage to tea in transit from gardens in India.

14. Claims under policies of the nature of Bonds and Guarantees including fidelity guarantees, Bankers’ Blanket policies, credit insurance, and under policies insuring contractual liability.

15. Claims in respect of which the amount of claim is determined by recognized and well-established conventions or under agreements.

16. Claims, the amount of which has been adjudicated upon or decreed by courts.

(Sujay Banarji)

Member

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