In Brief
An insured factory owner claimed for flood damage under a property insurance policy but delayed notifying the loss by 3 months and 25 days, violating the policy's requirement for immediate notice. The insurer appointed a surveyor (as required by regulations), whose report confirmed the claim was invalid due to non-compliance with the notice condition. The insured argued the surveyor's appointment constituted waiver of the notice requirement. The Supreme Court held that appointment of a surveyor does not per se waive policy conditions; waiver requires intentional, conscious relinquishment of a legal right. The notice requirement is a threshold condition for valid claims. The insurer's express repudiation letter clearly stated grounds for rejection, negating any implied waiver. The appeals were dismissed.
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