Skip to main content

​Insurance claims during COVID-19

 COVID-19 outbreak has created panic and fear globally and in India. The way the crisis will run from here cannot be known but alongside the tragic human toll, it has have considerable economic impacts, posing major challenges to the global supply chain and certain business sectors such as airlines, travel, and leisure.


A crisis such as Covid-19 affects all business sectors  - but it especially puts a spotlight on insurers who can expect to be inundated with general inquiries and claims across different lines, whether that be for health, life, or non-life cover. People have been inquiring about whether their insurance policy provides coverage for the infectious disease and about COVID-19 specific insurance cover.


Connect with an expert lawyer for your legal issue


Seeing the rapid spread and anxiety among customers, many insurance firms have notified about their products providing coronavirus cover on the websites and issued statements to reduce panic. However, there is uncertainty among the people who have already purchased health or corporate insurance about their policies covering novel Coronavirus. There have also been cases where the insurance companies have denied claims to the insurers affected by Coronavirus, thus, making others curious about whether their policy would cover the disease or not and what are their options if they are denied the claim.

 


Insurance claims and challenges faced by the insurers

While several insurance policies covering COVID-19 have been recently launched, it’s important to understand their claim parameters. There may be cases where the claim may be rejected due to one of the many reasons. Let us have a look at some of the insurance claims and the possible challenges that can be faced by the insurer with the same.


Consult: Top Insurance Lawyers in India

 


Corporate Insurance

Corporations in the country take insurance to cover loss of profit. The same has two categories- material damage policy and business interruption. The former could be enforced when there is a loss due to unforeseen inevitable accidents like fire or flood. It is usually specified while adopting the policy. Business interruption could be claimed only when there is a loss due to material damage.


Ideally, whether or not insurance can be claimed largely depends on specificity of the terms of the insurance. Use of general terms like unforeseeable events makes the scope of claiming insurance premium very large. Most of the firms have their employees working from home. Despite that, productivity could not be as much as it is in the normal course of operations.


Many businesses are going to suffer losses in the foreseeable future. For the same, there are going to be several insurance claims. Insurance companies may not go about indemnifying every firm for its loss.


Connect with an expert lawyer for your legal issue

 


Employees’ State Insurance

Industrial workers are entitled to Employees’ State Insurance (ESI) as a part of a scheme by Employees’ State Insurance Corporation (ESIC). The pandemic has had a tremendously adverse effect on the world economy. India is facing an economic crisis as well.


The fall of an economy is directly proportional to the increase in unemployment. When an industrial worker loses his/her job without their fault, they are entitled to the unemployment cash benefit policy of the ESI. Ongoing market conditions give a hint of potential unemployment in the industrial sector.


ESI is an autonomous corporation that was established by the Ministry of Labour and Employment in India. Though it was set up for employee benefit, there are still chances of certain employees not receiving their rightful benefit. In lieu of the same, there are going to be controversial claims which might require legal representation.


Consult: Top Insurance Lawyers in India

 


Health Insurance

Persons who have been diagnosed with COVID-19 will claim expenses of their hospitalization from the mediclaim policy of their insurance company. The ones who have health insurance would claim the entire expense of their insurance company.


Very often, these insurances cover specific pre-stated diseases. The novel coronavirus is not covered under the policies of insurance companies unless there is a general term that is inclusive of viruses or life-endangering diseases. With the current rate of increase in the number of patients, insurance companies may attempt to evade insurance claims. Therefore, thorough interpretation is the only means of recovering insurance from companies.

 


What to do if you are denied your insurance claim?

Whether a claim can stand or not would depend upon the clauses mentioned in the insurance policy. In case a claim has been denied to an insurer, he/she can file a case with the help of a lawyer against the insurance company for the wrongful denial of the claim. However, whether the claim will be approved or denied by the court would depend upon the interpretation of the specific clauses.


Connect with an expert lawyer for your legal issue

 


How can a lawyer help you?

Looking at the complexity of the situation, it is necessary that you have an expert by your side while going against the insurance company to redeem your insurance claim. An insurance lawyer is an expert in handling cases related to insurance claims and owing to his/her years of experience can guide you with the best possible strategy to recover your insurance. He/she can represent your case before the court and can help you find the best possible solution for your legal problem.

Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree