A marine insurance claim does not always end with a quick settlement. Any discrepancies in claim documents, the cause of loss or damage, or policy terms can lead to disputes. Knowing how to resolve such disputes is essential for a fair settlement.
While
transit insurance safeguards goods against risks during transportation, familiarising yourself with the claim process and steps involved is equally important. Continue reading to learn how to handle disputes in marine insurance claims.
What are the Common Causes of Marine Insurance Claim Rejections?
To keep maritime trade operating smoothly, be aware of common operational and legal issues that can lead to cargo claim rejections.
Under-insurance Trap
Cargo protection should comprise 110 percent of the Cost, Insurance and Freight (CIF) value, according to international logistics conventions. The under-insurance principle provides coverage only on the invoice amount, reducing claim payouts and potentially causing significant financial losses for businesses.
Peril Misinterpretation
Often, policyholders misinterpret the extent of their coverage. For example, a “standard” contract such as the Institute Cargo Clauses C covers major loss events but excludes theft and rainwater ingress. Claims are rejected when the cause of damage mismatch the perils named in the policy.
Late Intimation of Loss
Often,
marine insurance claims are denied due to delayed reporting. If the loss is not reported to the insurer on time, independent surveyors may not thoroughly assess the damaged cargo.
This delay can result in the loss of needed evidence and make it harder for insurance companies to deny coverage due to a violation of the policy's procedural requirements.
Breach of Policy Warranties
Express policy warranties should be strictly followed under Section 35 of the Marine Insurance Act, 1963. If either is used, coverage is immediately lost. Insurers will deny claims if shippers fail to abide by standard safety and storage procedures.
Step-by-Step Internal Dispute Claim Resolution Process
Here is a detailed step-by-step guide to follow to resolve a claim dispute:
Audit the Repudiation Letter
Read the formal rejection letter carefully to identify the reasons for the claim denial. Confirm any exceptions quoted against the statutory guidance under the Marine Insurance Act, 1963.
Gather Evidence
Compile a strong claim record to address the objections raised by the insurer. Gather the commercial invoice, independent marine surveyor's reports, the bill of lading and the weather data to prove the proximate cause of transit damage clearly.
Dispute Addressal to the Grievance Redressal Officer
Submit a formal grievance to the insurer's Grievance Redressal Officer (GRO). Under IRDAI (Insurance Regulatory and Development Authority of India) guidelines, internal complaints should be reviewed and addressed within 15 days.
Conclusion
Understanding how to handle disputes in marine insurance claims is essential for business owners. With a clear understanding of policy terms, timely claim intimation and proper documentation, you can avoid claim rejections.
If a claim is rejected or a dispute arises, you can follow the appropriate grievance process for resolution. For complex marine insurance claim cases, you can also consider seeking the assistance from the marine lawyers or technical experts.
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