How Do You Determine Fault in a Head on Collision?

In a serious head on car crash, serious injuries often result. In fact, fatalities are more common in a head-on collision. Statistics for the United States show that while this type of car crash accounts for only 2.0% of all accidents, a head-on collision is responsible for 10.1% of US car crash fatalities.

A common misconception is that the police report will establish fault. It is actually the insured's insurance company who determines fault, not the police officer who takes the report. Police officers may cite a driver if they have been found to have violated traffic laws; however, it is the insurance companies involved who will make the final determination. An investigation will be conducted to determine who was responsible, and if there were any contributing factors.

Once an auto insurance claim is filed, finding who is at fault is the top priority. Many times it is not obvious right from the start as to who caused the car accident. In fact, both parties may bear some responsibility, and that will be the job of the investigators to set the percentages of liability.

A head on car crash most often includes a lane departure which ends in serious injuries and property damage. One of the goals in the investigation will be to see if road conditions were at all contributory to the car accident. Things such as improperly marked roads, poor signage, rough pavement may all cause a head on collision.

Remember that it is the job of the insurance company to pay out as little as possible, they certainly do not have your best interest in mind. They have their bottom line in mind, and will want a quick, cheap settlement. This may not be what is in your best interest, however.

Head on car crash victims often have very serious, life changing injuries. An experienced personal injury attorney will be needed to help you maneuver your way through the complex legal system and get the right settlement from the insurer. If it was not your fault, you need an expert team to help you reach a fair settlement in your head-on collision lawsuit.

Benefits Of Hiring A Workers Compensation Attorney

Many injured workers asked the question, why hire a work comp lawyer? There are many reasons to hire a workers compensation attorney however I’ll try to summarize the most important benefits to hiring a work injury lawyer.

The worker’s insurance company will have a work injury attorney assigned to defend them against you and your work comp claim. Their adjusters and work injury lawyers are highly experienced and will generally circle around you. An experienced workers compensation lawyer who only represents injured workers can make sure you are being treated fairly and receive the work comp benefits you deserve if you have been injured on the job.

A local and experienced workers comp attorney can assist you with selecting the right doctor, negotiate with the insurance company and represent you at the Workers Compensation Appeals Board. Most workers comp cases settle before trial, and an experienced attorney can get you the settlement you deserve. If your case goes go to trial, you are going to want an attorney familiar with that court with years of trial experience. Representing yourself is not recommended unless you have years of workers comp experience and knowledge.

Hiring an experienced workers compensation attorney is cheap. A personal injury attorney will charge anywhere from 33% to 50% of your final accident settlement. Worker’s comp lawyers generally work for a 15% fee of your final settlement. Because of the attorney’s years of knowledge and experience, the lawyer generally pays for himself or herself by the value they bring to the work comp case. If your claim is denied, a work injury attorney can definitely help you.

A reputable and local workers comp lawyer will be familiar with your regional Workers Compensation Appeals Board and their judges. The Appeals Board is the court where your case will be heard. The work injury lawyer will save you from the work comp paperwork nightmare which is part of the system. You will no longer have to deal with a workers comp insurance company as your work injury attorney will take over that task for you. You will not have to deal with work comp carrier any longer. If you have suffered a work injury, you already have enough to worry about. Your work injury lawyer can also help you obtain benefits if you are unable to work as a result of your work comp injury. Those benefits may be in the form of temporary disability from the workers compensation insurance company or in the form of state disability payments in your workers compensation claim is denied.

Hiring the right local experienced Worker’s Comp attorney, preferably a member of the California Applicant Attorneys Association, can help you navigate your case from beginning to end for the best possible outcome for you.

Homeowners Guide to Home Insurance Discounts, Reduced Rates and Savings

In today’s economy, many homeowners are juggling higher bills on less earnings — facing tightened family budgets in the wake of rising costs, credit limits or even job loss. Yet there’s no need to struggle with the cost of home insurance. Despite industry increases, homeowners may be able to reduce their insurance rates by as much as 30 percent.

Nevertheless, many homeowners aren’t using insurance discounts to lower rates — even those who apply discounts may qualify for more savings than they’re getting. And lowered rates are still possible, even in today’s economy.

Consider the findings reported by independent insurance agent association, Trusted Choice, in a 2009 national survey:

“53 million household respondents ‘admitted they are probably not taking advantage of all homeowners insurance discounts or said that they simply didn’t know’ about policyholder discounts they likely qualify for.”

The survey also found that the largest percentage of respondents, about 26%, estimated they save 6-10% on their insurance premiums by using discounts. In fact, many insurance consumers could be saving significantly more-as much as 30%, according to independent insurance agencies, which often shop on behalf of consumers and help them find discounts and compare rates.

Homeowners are usually aware of the more common discounts — such as a multiple policy discount to insure both home and auto under one carrier. But there are other discounts and savings they miss.

How savvy are you as a homeowner and insurance consumer?

Find out using this quick list to explore or measure your potential for insurance discounts. It’s also the knowledge you and your insurance agent need to reduce rates for savings:

  • Dual duty — Don’t overlook the most common discount available: multiple policy discounts. When the same company insures your home and car, you can probably reduce your overall insurance costs by 10 to 15 percent.
  • New home, new homeowner? The same criteria used to qualify your home for a specific mortgage is often the same that qualifies your policy for discounts.
  • Living in a gated community? Then you may be eligible for discounts. Be sure to ask about auto insurance discounts if your car is equally ‘protected’ to boot.
  • Rooftop savings — Some insurance companies offer hail resistant roof discounts for Class 4 roofs — naturally these credits may vary with locale. Moreover, be sure to ask your insurer about potential discounts before putting a new roof on your house — you’ll probably want to capture savings if available and a flat roof without roof warranty may disqualify you from your current coverage altogether.
  • Be a new policyholder — You may find additional savings extended to new customers based on new rating models that offer a ‘sign up’ discount. If your insurer extends this discount, your insurance agent might be able to capture it by applying for a new policy with the same company.
  • Your track record counts — make sure you explore discounts for home insurance customers who have a claim-free track record… when was the last time you filed a home insurance claim? A 10-year history usually qualifies you for this discount; if you’ve never filed a claim, you may save as much as 20 percent.
  • Risk reductions – Ask your agent to identify risk reduction discounts addressing a range of interior and exterior factors: fire and smoke alarms, electrical wiring, fireplace / chimney safety, heating apparatus, burglar alarms, curb and gutter system and landscaping elements. Proximity to a fire hydrant and your community’s fire department also applies.
  • Preventive maintenance and home security – Make sure your insurance agent is aware of any alarm systems or preventive measures you take to secure property and to keep your home safe. Though discount criteria varies, you may be able to get a savings of 10 to 15 percent for a combined system that may include two or more measures: deadbolt locks, lockable garages and storage buildings, fire alarms, fire sprinklers, fire extinguishers, a burglar alarm or home security system.
  • Good breeding gone bad — Like it or not, some pets have a reputation. You may adore your family pet but if Fido is a dog breed considered bite-happy or dangerous, your insurance rating may be affected or your coverage in jeopardy. Choose your pet wisely — be aware of the little issues that can turn your insurance into a big issue.
  • Score card — Expect your credit score to impact your home insurances rates. If married, you may be able to reduce your rate by listing the top scorer as the first named on the insurer’s application. Plus, if you’ve had a less-than credit score and recently improved your numbers, let your insurance agent know. You may be able to get a policy adjustment: a lower insurance rate is still possible without the need to write a new policy.
  • Raise the limit — consider the difference a deductible makes. You can probably lower your rate by raising your deductible — $2,500 is the standard deductible and you can expect a lower rate if you raise it to $5,000.
  • Agent vs. agent and the extended marketplace – Is your insurance agent an independent who can tap a broad product range? Or an agent affiliated with a name-brand company? Know the difference. Independent agents can shop around — explore options across the marketplace. Brand agents don’t usually have the same agility — they’re usually confined to the company practice or limited to brand products. Loyalty counts. Still, if you’re committed to one company brand you may be just as limited as the insurance agent who is equally missing rate reductions, discounts and savings offered by the brand’s competition.
  • ‘Home pride’ and stewardship are vital – Even many insurance agents don’t understand the role that stewardship plays in harnessing the broadest range of discounts possible. Why? The better care you take of your home, the more attractive you’ll look to insurance carriers. And the best way to harness discounts is to identify as many discounts as possible — it stands to reason that more companies mean more potential for discounts.

So, you’ll want to make sure your home qualifies for coverage from every company that offers coverage in your locale since increased competition generally decreases rates and opens your access to discounts.

In a nutshell, homeowners applying the discounts above will soon realize the many ways they can save on their home insurance — even when times are tough.

Get started on discounts for savings….

  • Shop around to compare insurance company providers and rates — what companies provide home insurance in your community?
  • Get guidance on the details — an independent insurance agent isn’t tied to one brand, so these agents can help you see the whole marketplace and get the apples-to-apples lens you need to compare products, coverage and rates.
  • Identify discounts – make sure you identify the common discounts most homeowners hit, along with other discounts that frequently miss.
  • Do the ‘homework’ – the work at home that demonstrates stewardship makes you eligible to select from the broadest insurance product range possible.
  • Optimize selection, and then maximize discounts to benefit from reduced raters and savings.

Insurance In Tort Laws


This project has been an eye opener for me. It is extremely relevant to the modern times and as the future of India we should understand that it is the common mass that runs the country. Consumer protection rights are an important issue in modern days. The law can be effectively used to stop any abuse of the common people especially illiterate masses who do not understand the rules and regulations which is to be followed while buying particular item. It is law, the controller of the entire society which can stop this abuse from taking place. It can place effective standards guiding a product’s genuinity and the proper verification of its price. No extra taxes should be issued according to the seller’s wish. I have proceeded by referring to the books written by Avtar Singh, Venkat Rao and others. It has been a wonderful and educational delight in going about this topic and making a project which is of greatest importance in the present day scenario.


The words “consumer”, “consumed”, “consumption” is all cognate, and when one is defined, the contents of the definition go into all of them wherever they occur in the same act.

Section 2 of the act wherein ‘consumer’ is defined. According to him, the definition of the consumer will not take a client who engaged the advocate for professional services.

Consumer means any person who-

- Buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system or deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly promised or under any system of deferred payment when such use is made with the approval of the person, but does not include a person who obtains such goods for resale or for any commercial purpose

- Hires or avails of any services for a consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for the consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial support

In Black’s Law Dictionary it is to mean:

One who consumes. Individuals who purchase, use, maintain or dispose of products and services. A member of that broad class of people who are influenced by pricing policies, financing practices, quality of goods and services, credit reporting debt collection and other trade practices for which the state and federal consumer laws are enacted.


The act is dedicated, as its preamble shows, to provide for better protection of rights of consumers and for that purpose to make provisions for the establishment of consumer councils and other authorities for settlement of consumer disputes and for other connected matters. In the statement of objects, reasons it is said that and the act seeks to provide speedy and simple redressal to consumer disputes. Quasi judicial body machinery has been set up at the district, state and central levels. These quasi judicial bodies have to observe the principle of natural justice and have been empowered to give relief to a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for non compliance of orders given by quasi judicial bodies have also been provided.

The object and purpose of rendering the act is to render simple, inexpensive and speedy remedy to consumers with complaints against defective goods and deficient services and for that quasi judicial machinery has been sought to be set up at the district, state and national levels. These quasi judicial bodies are required to apply the principle of natural justice and have been empowered to give relief of specific nature and appoint wherever necessary, compensation to consumers.


An operational definition of insurance is that it is

- the benefit provided by a particular kind of indemnity contract, called an insurance policy;

- that is issued by one of several kinds of legal entities (stock company, mutual company, reciprocal, or Lloyd’s syndicate, for example), any of which may be called an insurer;

- in which the insurer promises to pay on behalf of or to indemnify another party, called a policyholder or insured;

- That protects the insured against loss caused by those perils subject to the indemnity in exchange for consideration known as an insurance premium.

The influence of insurance on the law of torts has been significant, both on theoretical level and on practice. Insurance has undermined one of the two main functions of awarding of damages, and it has in cast doubt on the value judgements made by the courts in determining which particular test of liability is appropriate in the given circumstances.

Regardless of whether in the particular circumstances the appropriate principle of liability is intention is malice, fault or strict liability, the purpose of common law damages remains the same. The primary purpose of an award of damages is to compensate the victim for his loss, with view to restoring him as near as possible to the position he would have been in but for the tort of the wrongdoer. But damages have another: by making the wrongdoer responsible for meeting an award of damages, the courts are trying to deter others from committing similar tortuous wrongs.

Insurance vitiates the secondary purpose of damages, at the same time incidentally ensuring that the primary purpose is more often achieved.

It can scarcely be realistically asserted that insured defendants are deterred by the prospect of losing no-claims bonus or by increasing of premium on renewal of their policies. Once it is conceded that insurance renders compensation for the sole purpose of damages but then the tort action itself becomes vulnerable to attack, for there are many ways-some perhaps fairer and administratively cheaper than tort- of compensating a victim for a loss he has suffered.

Prima facie, where a person suffers loss of recognized kind as the result of another’s act, then the latter should have to make good that loss. But for valid reasons, the courts have held that, in certain circumstances, the actor will have to compensate his victim only if he is at fault. The victim’s right to compensation is, therefore curtailed in an attempt to be fair to both the parties. The courts have made a policy decision that, in the circumstances, it is right to reward a defendant who has been careful by protecting him from liability for the consequences of his actions and that, as a corollary the plaintiff must forego his compensation. The policy decision is made on the supposition that the wrongdoer would himself have to pay for the damages but for this protection; it by no means follows that the same decision would be made if there were no risk of the wrongdoer having to provide the compensation.

It is difficult to judge the victim’s right to compensation should be curtailed when that curtailment is not justified by a corresponding benefit to the wrongdoer. The requirement of fault ceases to play its role as the leveler between the victim’s legitimate expectations and the wrongdoer’s legitimate expectations, and becomes simply a hurdle to the victim’s progress to compensation. If it is accepted that no one can insure against liability for harm caused by intentionally to another , then similar arguments can be made by the inappropriateness of the victim’s having, in certain circumstances to prove an intention to do him wrong or harm, when it is irrelevant to the wrongdoer whether he had such an intention or not.

Again the victim’s right to compensation is being curtailed without any corresponding benefit to the wrongdoer.

However, insurance has influenced the law of tort on a much more practical level as well. While the fact of insurance is not of itself a reason for imposing liability , there can be no doubt that it does add “a little extra tensile strength” to the chain which a wrongdoer to his responsibilities.

As well it has given new horizon to damages ; it is true that traditionally it was considered to inform the court that a defendant was insured , but “those days are long past” and now it is frequently openly recognized that the defendant would be insured.

The policy of insurance constitutes a contract of insurance between Life Insurance Corporation or a subsidiary of General Insurance Company of India, as the case may be, such services such has been undertaken to render under the contract of insurance. However as a rule, occasion to render services arise only when insured surrenders his policy, or the policy matures for payment or the insured dies or any other contingency which gives rise to render service occurs.

Breach of contract of insurance may give rise to a cause of action to file a civil suit, but such breach of contract may itself constitute deficiency in service, so as to give a cause of action to file a complaint under the consumer protection act for one such more relieves awardable hereunder.

Section 13(4) of the act vests in a redressal agency powers of the Civil Court, while trying a suit in respect of such matters as examination of witnesses on oath and production of documents. Declining to exercise jurisdiction in a case before it only because it involves examination and cross examination of facts, witnesses and production and consideration of documents would amount to abdication of its jurisdiction.

Such discretion can be exercised only when the gives rise to several issues and necessities taking of voluminous oral and documentary evidence, or otherwise involve complex questions of fact and law which cannot be decided in time bound proceedings under the consumer protection act.


Where the sale of a vehicle is complete, the title therein passes to the purchaser notwithstanding that his name has not been recorded in the R.C.Book. Such owner is entitled to get his vehicle insured and also to maintain a claim on the basis of such insurance. The earlier owner, who has lost insurable insurance on the sold vehicle, cannot advance a claim on the basis of policy of the said vehicle, earlier taken by him, on the ground that he is still the recorded owner of the said vehicle.

Section 157 of the motor vehicles act is only in respect of third party risks and provides that the certificate of insurance described therein shall be deemed to have been transferred in favour of the person to whom the motor vehicle is being transferred. It does not apply to other risks, if any, covered by the policy. If the transferee wants to avail the benefits of other risks covered by it, he has to enter into an agreement thereof with the investor.


If it is established that the discharge voucher was obtained by fraud, misrepresentation, undue influence or coercive bargaining or compelled by circumstances, the authority of the consumer forum may be justified in granting relief. Mere execution of the discharge voucher would not deprive the consumer of his claim in deficiency of service.


In Sarveshwar Rao v. National Insurance Company Ltd. , it was held that the delay of two or more years in settling the insurance claim would result in inadequacy in the quality, nature and manner of the service which the insurance company has undertaken to render, and amounts to deficiency in service.

In Delkon India Pvt. Ltd. V. The Oriental Insurance Company Ltd. . The National Commission has held that it was a deficiency of service to have delayed the claim by two years on the ground that the final police report was not coming.


In Skandia Insurance Company v. Kokilaben Chandravadan , the honorable Supreme Court ruled that the exclusion terms of the insurance must be read with so as to serve the main purpose of the policy, which is to indemnify the damages caused to the vehicle.


In Oriental Insurance Co. Ltd. V. Mayur Restaurant and bar , the conduct of the insurer was under question. The commission held that deficiency of the service was established on the part of the opposite party on two counts i)delay in settlement of claims and ii) unreasonable and un maintainable reasons for repudiating the claim of the complainant, and the compensation with the interest and cost was awarded.


In Life Insurance Corporation v Dharma Vir Anand, the national commission refused to hold the insurance commission liable as the insured committed suicide before the expiry of three years from the date of the policy.


In B.V.Nagarjuna v Oriental Insurance Company Ltd., the terms of insurance contract permitted the insured vehicle to carry six passengers at a time but the driver allowed two more persons to get in. It was held that merely adding two more persons without the knowledge of the driver did not amount to indemnification by the insurance company.


In Jagdish Prakash Dagar v. Life Insurance Corporation , it was held that a nominee under a policy of life insurance will be a consumer within the meaning of section 2(1) (d) of the Consumer Protection Act. The commission held that the nominee could legislatively maintain an action against deficiency raised in service by the arbitrary decision of the insurer.


Repudiation is defined as the renunciation of a contract (which holds a repudiator liable to be sued for breach of contract, and entitles the repudiatee on accepting the repudiation to treat the contract as at an end

This concept of repudiation is needed in the concept of insurance. The concept of repudiation will be dealt hereto a number of times and to provide beneficiary evidence, the definition has been given.

Unilateral repudiation of its liability, under the contact of by the life insurance corporation or an insurance company does not, by itself oust the jurisdiction of a redressal agency, to go into the sustainability of such repudiation, on facts and in law and to decide and to adjudicate if, in the facts of the case, it amounts to deficiency in service or unfair trade practice, and if so, to award to the aggrieved person, such relief or reliefs under Section 14(1) of the said Act as he or she is entitled to. The fact that before such repudiation it obtained a report from a surveyor or surveyors also does not oust the jurisdiction of a redressal agents to into the merits of such repudiation, for otherwise in each case the corporation or such company, and deprived the aggrieved person of the cheap and expeditious remedy under the consumer protection act.

Where, however the corporation or the company conducts thorough investigations into the facts which have given rise to claim and other associated facts, and repudiates the claims in good faith after exercise with due care and proper application of mind, the redressal agency should decline to go into the merits of such repudiation and leave the aggrieved person to resort to the regular remedy of a suit in a civil court.

The law does not require the life insurance corporation or an insurance company to accept every claim good or bad, true or false, but it does require the corporation or the company to make a thorough investigation into such claim and to take decisions on it, in good faith, after exercise of due care and proper application of mind and where it does so it renders the service required by it and cannot be charged with deficiencies in service, even if, in the ultimate analysis, such decisions is wrong on the facts and in law and the redressal agency would be disinclined to substitute its own judgement in the place of the judgement of the corporation or insurance company.

The question as to whether repudiation of its liability does or does not amount to deficiency in service would depend upon the facts of each case.

Where a cheque sent towards a premium is dishonoured by the drawee bank and consequently the policy is cancelled or it lapses or the injured dies before the proposal is accepted and contract of insurance results, no claim can be founded in such a policy, which was cancelled or has since lapsed, or a contract of insurance, which did not materialize at all. Repudiation of such claim can never amount to deficiency in service.

Insurance agent is not entitled to collect premium on behalf of the corporation. Where an insured issues a bearer cheque towards premium and hands it over the insurance agent who encashes it, but does not deposit the premium with the corporation event till the expiry of the grace period and consequently the policy lapses and meanwhile the insured also dies, his nominee has to blame himself or herself for the indiscretion of the insured and cannot blame or fault the corporation.


There are some basic principles concerning the topic of Consumer Protection Law and Insurance.

- Settlement of insurance claim is service, default or negligence therein is deficiency of that service

In the case of Shri Umedilal Agarwal v. United India Assurance Co. Ltd, the National Commission observed as under:

“We find no merit in the contention put forward by the insurance company that a complaint relating to the failure on the part of the insurer to the settle the claim of the insured within a reasonable time and the prayer for the grant of compensation in respect of such delay will not within the jurisdiction of the redressal forums constituted under the consumer protection act.

The provision of facilities in connection with insurance has been specifically included within the scope of the expression “service” by the definition of the said word contained in section 2(i) (o) of the act. Our attention was invited by Mr. Malhotra, learned counsel for the insurance company to the decision of the Queen’s Bench in national transit co. ltd. V. customs and central excise commissioners . The observations contained in the said judgement relating to the scope of the expression insurance occurring in the schedule of the enactment referred to therein are of no assistance to all of us in this case because the context in which that expression is used in the English enactment considered in that case is completely different. Having regard to the philosophy of the consumer protection act and its avowed object of providing cheap and speedy redressal to customers affected by the failure on the part of persons providing service for a consideration, we do not find it possible to hold that the settlement of insurance claims will not be covered by the expression insurance occurring in section 2(1)(d).Whenever there is a fault of negligence that will constitute a deficiency in the service on the part of the insurance company and it will perfectly open to the concerned aggrieved customer to approach the Redressal Forums under the act seeking appropriate relief.”

- L.I.C. Agent has no authority in collecting the premium

The supreme court held that under regulation 8(4) of life insurance corporation of India (agents) regulation, 1972 which had acquired the status of life insurance corporation agents rules with effect from January 31, 1981, which were also published in the gazette, LIC agents were specifically prohibited from collecting premium on behalf of LIC and that in view thereof an inference of implied authority cannot also be raised.

- Rejection of claim as false after full investigation

The national commission held as follows:

” from the facts disclosed by the record and particularly averments contained in the consumer affidavit filed by the first respondent it is seen that the insurance company had fully investigated into the claims put forward by the complainant that his claim was rejected. Thus it is not a case where the insurance company did not take a prompt and immediate option for deciding the claims against the insurance company. Having regards to the facts and circumstances of this case and the nature of the controversy between the parties we consider that this is a matter that should be adjudicated before a civil court where the complainant as well as the respondent will have ample opportunities to examine witnesses at length, take out the commission for local inspections etc. and have an elaborate trial of the case.”

- Unilateral reduction in the insurance amount.

The national commission held that the insurance company is not entitled to make a unilateral reduction of Rs. 4, 29,771 from Rs. 30, 12,549 at which its own surveyor assessed the loss.

- Mere repudiation does not render the complaint not maintainable.

The national commission overruled the objection of the insurance company that merely because the insurer had totally repudiated its liability in respect of the claim, no proceedings could validly be initiated by the insured under the consumer protection act.

- Mere unilateral repudiation does not oust the jurisdiction.

The national commission held that merely because the insurer has repudiated the insurance claim under the policy unilaterally, it is difficult to hold that the various redressal forums constituted under the consumer protection act, 1986 will have no jurisdiction to deal with the matter that if such a contention of the insurance company can get a report from the surveyors, repudiate the claim and oust the jurisdiction of the redressal forums, that the redressal forums are, therefore, bound to see whether or not the repudiation was made in good faith on valid and justifiable grounds that if the surveyor or surveyors choose to submit the wrong report and the insurance company repudiates the claims without applying its mind then the repudiation cannot be said to be justified that the report of the surveyor will show that the investigations have been proper, fair and thorough and that it has to be remembered that the surveyors bread comes from the employer.

- Mere unilateral repudiation no ground to oust jurisdiction.

The national commission repelled the objection and observed as under:

“Ordinarily a remedy is available to a consumer in Civil Court but mere repudiation of claim arising out of policy of insurance under section 45 of the insurance act, 1938, cannot take away the jurisdiction of the redressal forum constituted under the act. The avowed object of the act is to provide cheap, speedy and efficacious remedy to the consumers and it is with this object that section 3 of the act lies down as follows:

3. Act not in derogation of the provisions of any other law: – the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.”

The national commission overruled the objection in the view of repudiation of contract of insurance by the corporation; the redressal agencies under the act cannot entertain the claim of the insured and reiterated the law laid down by it in the Divisional Manager, Life insurance Corporation of India, Andhra Pradesh v. Shri Bhavnam Srinivas Reddy.

- Removal of insured goods on attachment no theft.

It was ruled in the stated case that attachment of certain items of insured Machinery and goods by the bailiff of a civil court, though later found to be illegal and consequent removal did not amount to theft and or house breaking by force so as to entitle the insured to prefer a claim under the policy.

- When repudiation amounts to deficiency and when it does not?

The national has held:

In M/s Rajdeep Leasing and Finance and others v. New India Assurance Company Limited and others –

That rejection of the claim by the insurance company after examining and considering the two separate survey reports from qualified surveyors and three legal opinions from different oriental counsels could not be said to constitute a deficiency in service so as to give a rise in the cause of action for a complaint under the consumer protection act.

In Oriental Insurance Co. Ltd. V Modern Industries Ltd. , the national commission has held that where the cover note inter alia mentions that the risk is subject to the usual terms and conditions of the standard policy, it is equally the responsibility of the complainant to call for these terms and conditions even if they are not sent by the insurance company, as alleged, to understand the extent of risk covered under the policy and associated aspects.

In Life Insurance Corporation of India v. Dr. Sampooran Singh

The complainant had taken out an insurance policy of 40,000 rupees in 1982, for the purpose of payment of estate duty on his only residential house in chandigarh in the event of his death and paid 5 premia, but with the abolition of estate duty on one residential house owner in 1985, the policy became inoperative due to the act of the state and not due to any deficiency on the part of the corporation any dispute between the parties as to the amount payable there under cannot be construed as deficiency in service on part of the corporation.

In LIC of India v M/s Kanchan Murlidhar Akkalwar

The complainant applied to the opposite party for housing loan, and on the advice of the latter, she took two LIC policies, one for Rs. 90000 and the other for Rs. 20000 entered into an agreement for the purchase of the house with the house with the owner on the advice of the opposite party obtained a fire policy for Rs. 2 lakhs. The opposite party advised the complainant to obtain a release deed from the zilla parishad co operative society in respect of the she proposed to purchase with a certificate that the said plot is not mortgaged therein. The complainant got a certificate from the Maharashtra government that the vendor had re paid the housing loan and interest thereon due to Zilla Parishad Krishi Karmachari Sehakari Gribe Narman Sanstha and that there was nothing outstanding from him towards loan amount or interest. Still the opposite party did not release the loan. On these facts the national commission by its majority judgement observed that:

“We have carefully gone through the records and heard the counsel. Clause 1 (c) of the loan offer letter clearly states that the advance of the loan is subject to the property being free from encumbrances to the satisfaction of the insurance company and a good and marketable title. At the same time it appears that the respondent-complainant had to go through a number of steps, although necessary, having financial implications and causing mental and physical stress to her and at the end of all of which she was told that no dues certificate given by the maharashtra government in respect of the prospective seller of the property in question, was not “release of mortgage” certificate that was obtained. The respondent complainant perhaps also had in her mind the case of Mr. Vaishempayam who got the loan under similar circumstances. Thus the evasion petition is disposed of as above.”


This project topic is increasingly beneficial in the modern times with the consumer protection rights being redressed with due care. It is being advertised in the mass media in our country. The slogan which our consumer is using is: “JAGO GRAHAK JAGO”. The time has come to realize the ideal market situation in which the buyers are not persuaded or coerced falsely into buying items which are of no use to them at all. Besides the relationship between buyer and seller should not be damaged at any cost. The relationship between the buyer and seller is said to be a fiduciary relationship and the trust between them should remain intact. A time has come in which the customer should get his proper position in the market conditions. He has to have proper knowledge about what is going on in the market and the concerned prices and the supply and the different other practices referred to.

Insurance is a very sensitive issue in the modern times. People are being hoodwinked into signing up in companies which are turning out to be frauds in the true sense of the term. This project has been an eye opener to me and I have come to realize the importance of the consumer protection act and insurance.

What Are the Benefits of a Minibus Rental?

Traveling from one place to another is so much fun. You will capture pictures, meet new friends and enjoy your leisure time. However, before you start planning on where to go, you should know first how to reach your preferred destination. If you opt to travel along with your friends and family, it is best to look for an ideal minibus rental.

Maybe you are wondering on what the different benefits of a minibus rental are. For most travelers, renting a vehicle makes their trip more convenient and effective. If you are confused whether you will hire one or not, here are the different benefits of a minibus rental:

  • Gives Ample Space – Renting a minibus allows you to occupy your bags and other personal belongings. Your things are secured in this vehicle. If you prefer to travel using one car to another, there are some drivers who might take advantage of your situation.
  • Can Travel Safely – Once you hire a minibus, you are certain that you will reach your destination safely and free from any issue. Most minibus renting companies ensure that their vehicles are in good condition. They also allow their drivers to accompany you, depending on your request.
  • Allows You to Relax while Traveling – Through hiring a minibus, you can travel without worrying about anything. All you need to do is sit down and enjoy the trip. With its comfortable seats and interior designs, you can relax and have a fun conversation with your friends.
  • Affordable Services – If you are new to a certain place, you better hire a minibus rental. Through this, drivers can assist you in reaching your preferred destination. In addition, you can get this benefit without spending too much cash. Most rental minibus services are asking cheap rates, depending on your chosen location.

These multiple benefits of a minibus rental encourage most people to hire an ideal one. However, not all travelers know where to depend on. If you are looking for the best place where to rent a minibus, you need to consider various things.

Renting a minibus is not an easy task. You have to spend enough time and effort before you deal with a perfect one.

To ensure that you will depend on the best rental minibus service, you have to compare the offered services of one company to another. It is also best to check their exact costs to avoid any problem. You also need to know how your preferred company treats their customers. To get more details about your desired company, you have to know the different feedback of their previous and current customers. You also need to read several reviews online for accurate searching.

Upon getting the best minibus rental, you can decide where to go. It means that you are free to enjoy your leisure time and visit one place to another. You can do this without worrying about any issue. Through accurate selection of a minibus rental, you can travel safely and conveniently.

Insurance For DJs

DJ Insurance

Insurance is a very important consideration for the mobile DJ entertainer. There are many companies that provide DJ insurance and they should be compared carefully before the DJ chooses an insuance provider.

DJing has become much more of a respected job in the last few years, and since mobile DJs have to transport their equipment by vehicle, most car insurance providers have now started providing DJs with liability insurance.

Cost of the premium for the DJ insurance should not serve as the chief purchasing decision. Rather, the effectiveness of the policy should outweigh all other factors in the decision making process. You get what you pay for.

The saying with insurance is, “It’s better to have it and not need it than to need it and not have it.” How true.

You do not want to be stuck without DJ insurance. As a DJ, you are a subcontractor, and though you will be setting up equipment on outside grounds, you will not be covered under the insurance policy of the catering halls or restaurants you provide services in. You have to protect your neck.

You will need your own DJ insurance policy, and now is the time to start pricing one. It is a simple matter of visiting the websites of several insurance carriers and filling out many of their quotes online. You are not committed to purchasing, and you will find the best plans and rates. You should go to the websites of many of the car insurance providers and fill out their DJ insurance forms online. If they’re not readily available, email your request.

Let the DJ insurance companies fight for your business. By filling out the forms online, you will not even have to leave your house, and you will be protecting your future. The last thing you want is a lawsuit because some drunk party guest tripped near your speaker. Without insurance, you can be help personally responsible.

Whether you plan on starting your career as a mobile DJ tomorrow or a year from now, the time to find the right DJ insurance policy is now. It’s more important than any of the DJ equipment you will use.

Do not proceed any further in your DJ career until you’ve filled out at least three insurance quotes. It will be the wisest move you make in your DJ career. I guarantee it.

Fill those quotes out now.

CCC Valuescope & USAA Conspiring to Defraud, Committing RICO Act Violations?

I am filing a consumer complaint against CCC Valuescope (CCCG) and my insurer USAA for falsely alleging a fair “market value” of my automobile.

My insurer USAA has breached its duty to exercise the utmost good faith to me its insured. By using CCC Valuescope (a company I allege violates the U.S. federal RICO Act) USAA has intentionally provided me a low and fraudulent valuation of my automobile in hopes of obtaining an unreasonable and unfair settlement.

CCC Valuescope (formerly known as CCC Information Services Group Inc – CCCG) can by no means be deemed a fair and market value of automobiles as CCC Valuescope works exclusively for insurers and therefore has an economic interest to supply valuations that are intentionally below the actual fair market value of what insured vehicles are truly worth.

It is known fact throughout the insurance industry that CCC gathers its values from what car dealers would sell a vehicle for at basement wholesale prices, not the true “retail value of an auto of like kind and quality prior to the accident” as mandated by FL insurance regulations. Moreover CCC Valuescope uses a mix of vehicles formerly leased, used, and abused among wrecked cars when compiling valuations to afford their insurance company customers paying out total losses the lowest possible “values” to present their insured.

Ironically, nearly every vehicle in CCC Valuescope’s appraisal of my car report consisted of vehicles that had over 20 records indicative of issues such as accidents and faulty cars. Among the report, some cars had 28, 31, and 32 records.

Cutting costs and denying its insured “the utmost due care” historically can be documented against USAA beginning with the class action lawsuit against USAA in Washington’s King County (March 12, 1999) for compelling auto repair shops to use “imitation” parts in repairs, while simultaneously hiding this practice from policyholders. Beyond auto insurance, USAA has countless complaints filed against it in 27 states across the country.

CCC Valuescope is not independent in their valuations since they are a hired gun for the insurance companies! Upon conducting a VIN search on the vehicles within the CCC report 39813905, many cars had over 20 records indicative of numerous collisions, issues with the vehicle, and several changes of ownership. By relying upon CCC’s intentionally low valuation of my vehicle, USAA is breaching its fiduciary duty to act in good faith in handling my claim. No fair and honest evaluation of my claim can be performed by CCC as it is contracted by insurers for the primary purpose of minimizing monies paid out by insurers to its fiduciaries. By using CCC Valuescope, USAA is clearly not exercising the “utmost due care” in the interest of me its insured as required by Baxter v. Royal Indemnity.

CCC admitted itself in its SEC Filing on 3-16-2005 that “the Company sometimes pays a new customer for the remaining commitment of its previous contract with third parties as an incentive”. In regard to regulation, CCC mentions in the same filing “in most states, however, there is no formal approval process for total loss valuation products”. CCC itself confesses in the same report “individual state departments of insurance have taken positions as to whether the use of CCC Valuescope valuations is in compliance with a states claim handling regulations”.

“The Company is aware that since 2002 the California Department of Insurance has advised some of the Company’s customers (which management estimates to be approximately 14% of the total revenue earned in 2004 from the Company’s CCC Valuescope valuation product and service) that the Department believed that their use of CCC Valuescope had not been in compliance with the California insurance regulations in effect prior to October 4, 2004, with respect to certain components of the products methodology. The Company believes the product was in compliance with the applicable California regulations.”

“On April 24, 2003, the California Department of Insurance formally adopted new regulations that required the Company to change its methodology for computing total loss valuations in California.” There is good reason therefore to believe CCC Valuescope’s valuation methodology is terribly flawed and skewed to favor its insurance company customers.

In CCC’s annual report filed February 13, 2004 the legal proceedings and numerous class action lawsuits against CCC are documented in pages 35, 42, 43, and 44 of the 53 page report.

On page 35, CCC Valuescope admits to setting aside $4.3 million as an estimate towards potential settlement to “resolve potential claims arising out of approximately 30% of the transaction volume of CCC Valuescope”.

By acknowledging 30% of transaction volume becoming potential claims, CCC Valuescope thereby makes it public record that it anticipates a sizeable percentage of lawsuits for unfair and fraudulent valuations. Such a high percentage of transaction volume alone attests to the flawed methodology of CCC’s report, its unscrupulous dealings, and wholehearted commitment to protect the financial interests of the insurers it serves.

Ironically, four of CCC Valuescope’s automobile insurance company customers have made contractual and, in some cases, also common law indemnification claims against CCC for litigation costs, attorneys’ fees, settlement payments and other costs allegedly incurred by them in connection with litigation relating to their use of CCC’s flawed TOTAL LOSS valuation product.

Certainly the countless class action lawsuits filed across the United States against CCC Valuescape provides further evidence concerning the grossly low and inaccurate valuations of vehicles they give the insurers they serve. Among the many are:

CCC Settles Class Action Suit on Valuation of Total Loss Vehicles (July 15, 2005)

Chicago-based claims software-maker CCC Information Services Inc. announced that it and 15 of its customers signed a settlement agreement with the plaintiffs in various class action suits pending in Madison County, Ill. These consolidated suits, Case Nos. 01 L 157, et al., relate to the valuation of vehicles that have been declared total losses by insurers.

Terms of the settlement agreement will require CCC to pay notice and administration fees and other costs associated with the settlement. The company estimates that these costs will total about $8 million, and including available insurance proceeds of $1.8 million, the company is fully reserved for these payments. Other settlement costs, including claims by class members, will be paid by the insurance companies that are participating in the settlement.

August 23, 2000, a putative statewide class action was filed in the Circuit Court for Hillsborough County, FL, against CCC and USAA Casualty Insurance Company (Peter Sintes et al. v. USAA Casualty Insurance Company and CCC Information Services, Inc., Case No. 00-006308). Plaintiffs allege that USAA contracted with CCC to provide valuations of “total loss” vehicles and that CCC supplied valuations that were intentionally below the actual fair market value of the insured vehicle.

Iinsurance companies “owe a duty to the insured to exercise the utmost good faith.” Baxter v. Royal Indemnity Company, 285 So.2d 652 (Fla. 1st DCA 1973).

Given the countless and ongoing class action lawsuits against CCC Valuescope there should now be no question that CCC Valuescope is not independent in its auto valuations and is guilty of violating the U.S. federal RICO Act and National Insurance Regulations, along with many of the complicit insurance companies such as USAA who willingly and knowingly use their product with the intent to deceive.

How to Easily Afford Dental Implants

The way most people ask about how much dental implants cost sound very much the way they would ask how much a car costs and with good reason. As with cars, the cost of which will depend on what type and model of car you require, the cost you pay for implants depends on how many implants you need and why you need them.

On a good day, patients can expect to pay anywhere between the amounts of $1,200 to $3,000, not including any of the fixtures above it or anything else to hold your teeth in. If you’re going to pay for the implant, the piece that goes into it, the crown on top of that and grafting materials, this could set you back about $3,500 to $4,000 for that type of implant. OK, so it is actually closer to purchasing a new car but the thing is, dental implants last longer and well, even if you have the flashiest car around, if you mumble or slur your words because of ill-fitting dentures or bridges, then the car may actually be a better investment.

The good news is, you can actually find dental implants that won’t break the bank. Dental implants that are affordable don’t easily come by but with a lot of patience you may be able to find one at about half of the total cost and maybe even ones for free. All you need to know is where to look.

The first thing you need to do is discuss your options with your dentist. He or she may be able to come up with affordable payment plans or allow you to pay for your implants in installments. He or she may even suggest that you get dental discount cards that they participate in, ones that offer at least 30%-50% on dental procedures and are usually valid for a year.

Another way to afford your dental implants is to shop around for dental insurance policies that cover a substantial part, if not the full price for dental implant procedures. While most dental insurance policies won’t cover dental implants because it is considered cosmetic procedure, it is better to have at least a part of it covered than having to pay for it all when your budget clearly doesn’t allow it even if you need it.

You can also try to browse for cosmetic dental clinics online that offer payment plans for their patients to get dental implants. Find sites that accept Hicaps and most reputable health cards, as well as credit through any financing institutions. Sites that allow you extended payment options ensures you get the treatment when you want it and when you need it without worrying about how to pay for it.

It is also recommended that you take advantage of your benefits package at work if you have any. Flexible spending accounts (FSAs) allow you to contribute money from every pay period before they are taxed, and this is the same money you can use to pay for your dental implants. Combining these with individual or employer-sponsored dental insurance plans could save you hundreds of dollars off getting your implants done.

And lastly, while you may be able to get your dental implants for free and this is by playing guinea pig to dental students who are training to perform such procedures while being supervised by a licensed professional during the entire time, you could be exposing yourself to a lot of risks that could entail greater costs in the long run. Never sacrifice your health and well-being for price because it is not worth it.