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From: Ms Nvijayalakshmi/HO/UIIC
To: allregionalchiefs@UIIC, alllcbchiefs@UIIC, allindiapropertyhub@UIIC
Cc: [email protected], Hr Gangwal/HO/UIIC@UIIC, hofireclaims@UIIC, CAMC@UIIC,
Hocorplegal/HO/UIIC@UIIC
Bcc: P Narun/HO/UIIC
Date: Wednesday, April 17, 2024 10:24AM
Subject: RE : Role of Techncial Dept (Fire & Engg )/Hubs in Arbitrations
History: This message has been forwarded.
Dear All,
Further to our advisory dated 15-04-2024 on the process of streamlining arbitration and legal cases,
you may recall that Corporate Legal Department had issued an SOP for handling arbitrations vide
Circular dated 18.Nov.2022. The said Circular is available on the intranet and is attached for your
ready reference.
Therefore for the sake of clarity, this circular is issued to emphasize the role of RO Technical Dept
(Fire & Engg)/P & C Hubs in properly defending Arbitrations.
1. When notice is being served for arbitration usually either at the policy issuing office or RO, or P&C
Hubs, it is the role of claim handler(either RO or P&C Hubs) to analyze whether it pertains to
quantum dispute or liability dispute.
2. The arbitration notice received then needs to be addressed immediately by the legal
department//Consumer Suit Claims Cell (CSCC) based on the inputs form the technical team (either
RO or P&C Hubs).
3.The role of the Legal Dept/Consumer Suit Claims Cell (CSCC) of ROs is to perform duties like
replying to the Notice invoking arbitrations, opposing arbitration petitions in High Courts, engaging
competent lawyers for our defence/deciding their fees, choosing arbitrators, deciding scope for
further legal challenge against an Award etc.
4.Once it is clear that the arbitration proceedings are set to commence before the Arbitral Tribunal,
the matter shall be taken over by the Claim Handlers of RO Technical Dept (Fire & Engg) or P & C
Hubs, as the case may be. The dispute in an arbitration mainly revolves around the question of
whether the quantum of the claim paid to the insured, is in order or not. Hence, before the Tribunal,
the role of Claim-handlers, Surveyors and subject experts of Technical Department comes to the
fore.
5.For establishing that our claim quantification is in order, the Claim Handlers need to submit for our
lawyer's study, well in time, the copy of the Claim File complete in all respects. All reports, forensic
investigation records, annexures, stock/accounts statements etc need to be need to be provided to
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the lawyer, preferably in a digitized form (scanned) and one complete duplicate set of the claim file
is to be kept in safe custody of the dealing officer.
6. Give technical inputs to our lawyers and provide a comprehensive brief to them on how the claim
amount was arrived at, with a self contained note, a copy of which may be preserved for our
records. So also, the lawyer needs to be given a note as to the reasons why the excess claimed by
the insured is not payable.
7.Vet our Statement of Defence before it gets filed before the Arbitral Tribunal.
8. Ensure timely coordination between the lawyer and the Surveyor/Forensic Auditor/Investigator etc
who were involved in the claim. This is essential for enabling the lawyer to properly defend the claim
quantification.
9.Ensure the presence of Surveyor/Forensic Auditor/Investigator in the arbitral proceedings to give
evidence/support us.
10. Apprise the Arbitrator of the technical aspects of the claim and clarify doubts, queries which may
arise in the course of proceedings.
11. Arrange for adducing expert/scientific evidence wherever necessary.
12.RO Technical Dept (Fire & Engg) or P & C Hubs may please note that in the arbitral proceedings,
parties are given equal opportunity to present their case and this should be availed to the maximum
extent possible by submitting all relevant material and by adducing oral evidence of Surveyor/Claim
Handling Officers/Technical Experts. This is the final chance to convince the Arbitrator of the
correctness of the Claim processing/quantification.
Apart from the above, an Officer from the RO Technical Dept (Fire & Engg) or P & C Hub along with
an officer from the legal department/CSCC may be nominated as the officers responsible for
handling the arbitration proceedings before the Tribunal and he/she may be present on all sittings.
After the Award is received, the same may be immediately handed over to the Legal Department
along with a Self Contained Note on the technical aspects of the excess quantum awarded, if any, so
that it can be taken into account while the Legal Department decides the scope for further legal
challenge. Needless to state, as already advised the data on all arbitration matters needs to be
regularly apprised to CAMC in their prescribed format (attached).
The above is for your noting and compliance.
Regards,
N.Vijayalakshmi
Chief Manager (F&E/Project cell (CLAIMS))
यूनाइटेड इंडिया इन्शूरें स कं पनी लिमिटेड / United India Insurance Company Limited
Head Office
Mobile No. 9677274405
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(See attached file: 36000047 (2).pdf)
(See attached file: Arbitration cases details format-Modified final 9-10-23.xls)
Attachments:
Arbitration cases details format-Modified final 9-
36000047 (2).pdf
10-23.xls
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