Insurance company denies rainwater damage claim for luxury car, owner wins Rs 2.02 lakh
A Chhattisgarh District Consumer Commission ruled that an insurance company must pay Rs 2.02 lakh to a man whose luxury car was damaged by rainwater. The commission held that the insurer could not rely on policy exclusions they had not made available to the insured. The car had sustained damage to its infotainment system when rainwater entered after the driver-side window glass was left ajar.
The insurer assessed repair costs at Rs 1.98 lakh, while the owner claimed his expenses totaled Rs 2.73 lakh. The commission ordered the insurer to pay Rs 1.75 lakh for the actual damage, plus Rs 20,000 for mental anguish and Rs 7,000 in litigation costs. The insurer had rejected the claim, citing that rainwater damage was not covered and that leaving the window open was gross negligence.
However, the commission found the insurer had not provided the full policy terms and conditions when the car insurance was issued, so those clauses could not be used to reject the claim.
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