In Brief
An insurance company rejected a claim for flood damage to a factory on the ground that the insured failed to give immediate notice of loss and did not lodge the claim within 15 days as required by the policy. The insured argued that by appointing a surveyor, the insurance company had waived the notice condition. The Supreme Court held that waiver requires intentional and conscious relinquishment of a right. Mere appointment of a surveyor does not constitute waiver, especially when the insurer's rejection letter explicitly cites breach of the notice condition and the surveyor's report recommends non-payment on that ground. The notice condition in fire insurance policies is a sine qua non for valid claims. The appeal was dismissed.
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