...burglary. According to him, forcible and violent entry is not necessary for making a valid claim under the policy. It would be sufficient that there is theft of certain goods from the factory premises...contract and has to be construed strictly. Mr Paul submitted that a forcible entry and/or exit is compulsory for maintainability of a claim under the policy.7. Having...case that the appellant has made out a case of theft without a forcible entry. The case of the appellant is that forcible entry is not required for a claim to be made under the policy. Following the...

...surveyor, however, found empty watch stands on which the strips of the model numbers were lying behind the counters. There was no sign of forcible entry. This was followed by a surveyor's report dated 30-11-2001....of insurance against burglary and/or housebreaking, this Court had held that where the loss or damage was caused without forcible and violent entry to and/or exit from the premises, the claim could...Housebreaking (theft following upon an actual forcible and violent entry to and/or exit from the premises and hold-up.”Since clause (a) was pari materia with the...

...leged thef t , a lso appointed M/s Royal Associates to invest igate the same, which gave i ts report (Annexure C-12) , to the effect that there was no s ign of forcible entry in the bui lding, and, as such, the claim was...not maintainable under the Pol icy. I t was fur ther s ta ted that , in the absence of any forcible entry, the al leged claim, was r ight ly repudiated by the Opposi te Par t ies...which rent was paid, but after March 2010, there is no proof of rent paid. There is no sign of forcible entry in building, so without forcible entry claim is not maintainable under policy. Insured...

...forcible entry. In the present claim, there is no forcible entry in the premises or forcible exit from the premises. As per terms and conditions of the policy, opening of lock by using duplicate k...not by forcible entry or by forcible exits from the premises, therefore the claim is not admissible. Our attention is also invited to the report by Birajdar B.S. dated 26/03/2014 who also prepared a...and burglary under insurance cover that act of burglary or theft having done without permission of complainant, that too in locked premises, deemed to be forcible entry. Thus, in the facts of situation, when claim is...

...forcible entry in the premises of the complainant nor the keys were obtained by assult or violence or any threat. Insurer contended that there was no such allegation in the complaint and it was right in repudiating claim of...breaking and theft following upon actual forcible and violent entry in the premises and also if the keys had been obtained by assault or violence or under any threat. It was thus stated that there was no...the insurance policy inasmuch as there was no forcible entry in the premises and further that there was no evidence of any violence. In the grounds of revision before National Commission this very plea...

...forcible and violent entry into the shop premises. So, they repudiated the claim. Finding such repudiation as deficiency of service, the complainant filed the complaint. 4. OP...was no burglary committed as there was no sign of forcible and violent entry to the premises of the complainant. So they repudiated the claim. According to him, the investigator has computed the loss...no clue". But at the same time, the report of OP No.1 shows that the investigator found that no sign of forcible and violent entry which requires burglary claim as per the terms and conditions of the...

...have taken preliminary objections inter-alia that the claim submitted by the complainant was examined and it was noticed that no forcible entry has taken place and claim does not fall within the preview...FIR as per which the case was registered under section 380 IPC. Since no forcible entry was noticed accordingly the claim was repudiated by the O.P company in terms of the policy conditions...repudiation of claim of the complainant by O.P was justified or not. The main ground taken by O.P in the written statement is that since there was no forcible entry was noticed by the police into the premises, accordingly F...

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...law. OP has rejected the claim on the ground that no forcible entry/exit was found from the premises, which is totally wrong and illegal. Police did not recover any article/stock stolen by the...of documents and records. Surveyor also recommended repudiation of claim. The loss allegedly claimed towards stocks, if any, was on account of theft with no marks of forcible entry/exit into the...and by forcible entry. OP has repudiated the claim vide letter dated 29.6.2018 mainly on the ground that there was no mark of forcible entry/exit into the premises, as such, repudiation is not...

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...under RTI Act (Ann.C-6). However, the Opposite Party vide letter dated 21.3.2018 repudiated the claim of the complainant mainly on ground that there was no forcible entry/exist from the premises...ground for repudiation of the claim as per the Opposite Party is that the complainant failed to prove any forcible entry/exit to/from the premises, which is not in parlance with the policy terms...). It is submitted that keeping in view all the circumstances, investigation report, survey report and policy terms & conditions, the circumstances of the claim were such that there was no forcible...

...under RTI Act (Ann.C-6). However, the Opposite Party vide letter dated 21.3.2018 repudiated the claim of the complainant mainly on ground that there was no forcible entry/exist from the premises...ground for repudiation of the claim as per the Opposite Party is that the complainant failed to prove any forcible entry/exit to/from the premises, which is not in parlance with the policy terms...). It is submitted that keeping in view all the circumstances, investigation report, survey report and policy terms & conditions, the circumstances of the claim were such that there was no forcible...

..., 1970 informed the plaintiff that the claim was not admissible under the policy inasmuch as there was no forcible and violent entry into the premises at the time of the loss. The defendant company...receiving consideration. Lastly, the defendant company by its letter dated May 4, 1970 repudiated the claim of the plaintiff on the ground that as there was no forcible and violent entry into the...objection of the defendant company is that the claim is not admissible under the Insurance policy as there was no violent and forcible entry into the premises at the time of the loss. In this regard, we...

..., before the spot inspection by the Surveyor and even before the enquiry by the police. It was further stated that petitioner failed to clarify, whether there was forcible entry by the burglars into the premises. Thus, there was nei.... 10. It is further submitted that repudiation of the claim by the respondent is only on the ground, that there is no forcible/violent entry and theft is not covered as per provisions of...extracted clause, presence of ingredient of actual forcible and violent entry of and/or exit from the premises, was required to be established for maintainability of the claim. In the instant case, as is...

... Policy covers losses arising out of forcible entry or exit from the premises, which was not there. 2. ...theft / burglary took place in the premises of the insured. The claim however, was rejected by the insurer on the ground that there was no forcible and violent entry or exit from the premises. An...approached the Hon'ble Supreme Court by way of appeal and inter-alia submitted that the forcible and violent entry was not necessary for making a valid claim under the policy and it would be...

...limit of the liability subject to limit of Rs.10,000/- only). Since there was no forcible entry or exit were found in the premises, hence the OP is restricted to maximum liability of insured in the claim as...and violent entry or exist from the premises upto 5% of the limit of the liability subject to limit of Rs.10,000/- only). Since there was no forcible entry or exit were found in the premises, hence the OP is restricted to m...under IIIrd clause, there is a condition of coverage that (theft of any contents/stock from the insured premises where there is no forcible and violent entry or exist from the premises upto 5% of the...

...forcible entry has occurred into the premises and that door was kept open and hence the cause of loss is outside the scope of the policy. Therefore, OP submitted that they are unable to admit the claim. Hence...Policy and he referred us to the exclusion clause. As per the policy conditions, to claim indemnity of the stolen Mobile, there should be forcible entry into the premises or there must be violations...was no forcible entry by the culprits. Even it is not the case of the Complainant that there was violation used by the culprits. So, it is not the case of violation. Under these circumstances, under exclusion clause of the policy t...

...the loss to the tune of Rs. 2,44,120/-. It is the contention of the learned counsel for the opposite parties that the claim was denied that there was no forcible entry in the insured premises for the...contested alleging that the policy of insurance covers the risks of burglary i.e. the act of force having been used/ applied but in the case in hand there is no forcible entry in the insured premises and...alleged theft. The learned counsel vehemently argued that forcible entry is required under the risk of burglary. On the other hand, learned counsel for the complainant argued that no any kind of force...

...complainant relied upon decision of NC in New India Assurance Company Ltd. vs. Murti Enterprises III (2006) CPJ 112 in which repudiation on the ground that forcible entry of culprits was not proved, was rejected. ...discovered that duplicate keys were used to open the godown. There was no forcible entry. The statement given to the police as well as Surveyor do not disclose or indicate that lock were broken to...enter godown. The shutter / door was opened with duplicate key and alleged theft was carried out without any forcible entry. It raised preliminary objection that complainant was quite negligent and...

...said to be a case of deficiency in service. It was further reiterated that no theft had occurred by forcible entry into the shop of the Respondent. Theft does not fall under the definition of burglary or house breaking and therefore...Limited and Another (2016) 15 Supreme Court Cases 315, Supreme Court held that forcible entry is required for a claim to be...defeat the cause of the public at large. In the said judgment, Supreme Court held that as per the definition of the burglary policy, if there was no forcible entry, then insurance company will not be responsible to pay the insurance...