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    <title>2025 (12) TMI 1140 - Supreme Court</title>
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    <description>The dominant issue was whether the insurer could repudiate a fire-policy claim on the ground that a prior burglary/theft was the proximate cause of loss. The SC held that under a fire insurance contract, once it is established that goods were damaged by fire and the fire was not caused by the insured&#039;s wilful act, the cause triggering the fire is immaterial unless specifically excluded; burglary/theft preceding the fire was not an exclusion under the peril of &quot;fire,&quot; and policy exclusions must be construed strictly, with the RSMD clause not displacing fire-cover exclusions. Consequently, repudiation of the claim and the adverse consumer forum decision were set aside, and the matter was remitted to the NCDRC for assessment of loss.</description>
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    <pubDate>Tue, 16 Dec 2025 00:00:00 +0530</pubDate>
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      <title>2025 (12) TMI 1140 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=783600</link>
      <description>The dominant issue was whether the insurer could repudiate a fire-policy claim on the ground that a prior burglary/theft was the proximate cause of loss. The SC held that under a fire insurance contract, once it is established that goods were damaged by fire and the fire was not caused by the insured&#039;s wilful act, the cause triggering the fire is immaterial unless specifically excluded; burglary/theft preceding the fire was not an exclusion under the peril of &quot;fire,&quot; and policy exclusions must be construed strictly, with the RSMD clause not displacing fire-cover exclusions. Consequently, repudiation of the claim and the adverse consumer forum decision were set aside, and the matter was remitted to the NCDRC for assessment of loss.</description>
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      <pubDate>Tue, 16 Dec 2025 00:00:00 +0530</pubDate>
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