Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Read the case carefully and answer the questions given below. Irfan owns a cars showroom in Rawalpindi that has been previously insured with company X.

Read the case carefully and answer the questions given below.

Irfan owns a cars showroom in Rawalpindi that has been previously insured with company X. In 2016, he made a claim under insurance contract when the roof of his showroom was damaged by seasonal rains during the monsoon season. In early 2019 Irfan sought insurance from company Z. Z Company asked Irfan if he had made any insurance claims under any other insurance contract, Irfan stated he had not made any claims. Z Company provided Irfan with the insurance for his showroom. It is a strict condition of the contract that daily maintenance of the building shall be carried out including roof cleaning and opening of water ways. One day Irfan fails to carry out roof cleaning and did not open the water ways. Unfortunately, heavy showers followed in same night consequently huge amount of water accumulated on the roof of his showroom. Since the water ways were closed, roof got severely damaged and leakage was observed. Considering the scope of damage and repairs involved, Irfan seeks to make a claim under the insurance contract with Z Company. The claim adjustor receives the claim and registers it. It is his job to investigate, assess and process the claims. The claim adjustor makes a superficial visit and approves Ifran's claim. Proceeds are allotted to Irfan under his insurance policy. In final stages of repairs, the insurance company suspects that the damage caused to the show room could be a possible mistake on part of Irfan's performance. Later it was discovered that Irfan was previously registered with another insurance company and made a similar claim.

question:

Discuss the existence of element of fraud in relation to the situation mentioned above?

Explain with detailed information of fraud and mistake and how would that affect the rights

and responsibilities of both Irfan and the Insurance company.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Intellectual Property Law Text Cases And Materials

Authors: Tanya Aplin, Jennifer Davis

4th Edition

0198842872, 978-0198842873

More Books

Students also viewed these Law questions

Question

Sketch the following sets of points. {(r, ): 0 r 4, -/2 -/3}

Answered: 1 week ago