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Filing Claims : The insured will file claim with the insurance company after meeting the aforementioned requirements. The insurance company is generally contacted immediately on discover of loss to the cargo which will assist the insured in carrying out the responsibilities.
It is quite natural that there is disagreement between the insured and the insurers regarding insurance claims. In such a case, the insured can take legal recourse against the insurers and file a legal suit. However, under the Indian Limitation Act, no suit can be filed against the insurers in respect of a claim under an insurance policy after a lapse of three years.
a) the date of occurrence causing the losses; or
b) the date when the claim is repudiated either partly or wholly
It is clear that if 'liability is not denied for three years, the claim of the insured would become time barred under the law. If the claimants want to keep their claim right open, they will have to file suit against the insurers before the expiry of the period of three years. The claim would , also remain, open, if the insurers belatedly repudiate the claim.
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Exclusion Clauses : Notwithstanding the vast range of perils covered under the contract of cargo insurance, insurance cover is not provided against a number of perils and losses.
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