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Case Review: Insurance
Summary of some of the decisions made by the Mediators on some of the complaints received by FMB.
This summary is for information only and should not be used for other purpose.
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IMB/3501 - Evidence to Support Ground of Repudiation
The insured submitted a claim for indemnity following an accident involving the insured vehicle which was driven by his brother who died in the said accident. It was reported that the accident occurred at 9.30 p.m after the insured driver attended a party at his friend's house. According to the adjuster's report specimen of the deceased driver's blood and urine had been sent for toxicology test. The adjuster reported as follows: "During our discussion with the I.O…he informed us he is yet to receive the test results. However, in his opinion the insured driver was not under the influence of intoxicating drinks…He was reportedly driving at high speed when he lost control of the vehicle which veered and the right side of the insured vehicle knocked onto a tree. At this point of time we are unable to say that the insured driver was under the influence of liquor or not at the material time of accident".
In spite of the above report the insurers repudiated liability on the ground that the driver of the said vehicle was driving under the influence of alcohol at the material time of the accident. There was no basis to support the insurers' decision and the Mediator instructed the insurers to obtain the toxicology test result.
The insurers eventually managed to obtain the toxicology test result. The test result showed no sign of alcohol in the deceased's specimen blood. The insurers subsequently revised their decision and approved the claim.
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