https://www.taxtmi.com/caselaws?id=284971 Waiver of a prompt intimation condition in an insurance policy requires proof of a conscious and intentional relinquishment of the insurer's right, with full knowledge of that right. Appointment of a surveyor after delayed notice does not by itself establish waiver, particularly where the insurer later repudiates the claim by expressly relying on breach of the notice condition. The earlier authority cited by the insured was distinguished on its facts because it involved a different clause and factual setting. On the material considered, the insurer did not waive the delay condition, and rejection of the claim for breach of prompt intimation was sustained. en-us Tue, 21 Aug 2018 00:00:00 +0530 Thu, 19 Dec 2019 10:02:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=284971 Waiver of a prompt intimation condition in an insurance policy requires proof of a conscious and intentional relinquishment of the insurer's right, with full knowledge of that right. Appointment of a surveyor after delayed notice does not by itself establish waiver, particularly where the insurer later repudiates the claim by expressly relying on breach of the notice condition. The earlier authority cited by the insured was distinguished on its facts because it involved a different clause and factual setting. On the material considered, the insurer did not waive the delay condition, and rejection of the claim for breach of prompt intimation was sustained. Case-Laws Indian Laws Tue, 21 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=284971