TOPIC :

▪ Policies covering risk of storm and tempest

▪ Glass-plate policies
▪ Burglary and theft policies
▪ Goods in transit insurance
▪ Agricultural insurance
▪ Live stock policies
 INTRODUCTION
Governance in ancient India was more concerned about protecting people. Many of these concepts
reflect in the treaties of Kautilya’s Neethi Shastras besides Vedas and epics. Governments all over the
world still believe that they need to provide the basic security to people’s life and property. The
melodies and the maladies of the present day life are so varied and diverse that no single measure can
provide the much needed succor.1 That is how the concept of social welfare has taken roots in the
modern management of people’s welfare. Insurance is considered as one of the possible ways to provide
social security. The history of insurance has been as old as the story of mankind itself. The earliest
traces of insurance in the ancient time are found in the form of marine trade loans of carrier’s contract.
After the marine insurance, the other section, which drew attention of insurance, was the fire insurance,
which after a long journey had developed itself in the present form. The life insurance made its first
appearance in England in 16th century.
It is evidently clear that the insurance is the outcome of man’s search for security and finding out
ways and ameliorating the evil consequences of sudden calamities. The modern set-up of
industrialization has rendered man and his property most vulnerable to different types of risks and
uncertainties of life. With the growth of lust for life, instinct to have more and utilization of every
modern achievement in this field of science and technology, various sectors are emerging day by day
where a man is facing with risk of losing something irreparable. This has given insurers a section
covered under miscellaneous insurance business to protect the interest of policyholders. Under this head
various risks are being covered today under the policies such as:
i. Accidental Insurance
ii. Burglary insurance
iii. Cattle insurance
iv. Crop insurance
v. Glass-plate policies
vi. Health Insurance
vii. Legal liabilities insurance
viii. Personal accident insurance
ix. Goods in transit insurance etc.
In the present paper an endeavor has been made to discuss the concept of some policies comes under the
property and miscellaneous insurance namely burglary policies, glass plate policies, goods in transit
insurance, policies covering risk of storm and tempest and agriculture and livestock policies and also
analysing general conditions of such policies.
1
Indra Choudhary, Agricultural Insurance : A socio legal study in current Indian context(2019)
1
 GLASS PLATE POLICIES
Plate glass insurance are the insurance which covers accidental breakage of and damage to glass on
business premises. Plate Glass shall mean completely and securely fixed flat glass within the insured
premises including Plate Glass of display or show windows of the premises and usually it doesn’t cover
its glazing and or lettering and /or ornamentation and /or any surface treatment or surfacing unless
specifically described and declared for insurance.2 Plate glass shall not include ;
- external signboards but if specifically declared can include plate glass of doors to the premises
- glass that constitutes or is part of the building facade unless specifically declared for insurance.
Damage shall mean sudden and accidental fracture visible to the naked eye extending through the entire
thickness of the Plate Glass and shall not include3;
- any other disfiguration or damage to the plate glass
- any disfiguration or damage only to the glazing or lettering or ornamentation and /or any
surface treatment or surfacing thereon.
As the plate insurance policy doesn’t have a legislative framework or neither comes under any separate
Act, so each insurer has different policy coverage. Most of the insurance company provide insurance for
plate glasses.4 The following are the general conditions to be satisfied to get claim under this policy,
GENERAL CONDITIONS
1. REASONABLE CARE: The Insured shall take all reasonable care to safeguard the property
insured against accident, loss or damage. The Insured shall at his own expense take all
reasonable precautions and comply with all reasonable recommendations of the Company to
prevent loss, damage or liability and comply with statutory requirements and manufacturers
recommendations.5
2. DUTY OF DISCLOSURE: The Policy shall be void and all premium paid shall be forfeited to
the Company in the event of misrepresentation, misdescription or nondisclosure of any material
fact.
3. NOTICE: Every notice and communication to the Company required by the Policy shall be in
writing and be addressed to the nearest office of the Company.
4. INSPECTION: Representatives of the Company shall at any reasonable time have the right to
inspect and examine the risk and the Insured shall provide the representatives of the Company
with all details and information necessary for the assessment of the risk.

2
PLATE GLASS INSURANCE POLICY (Policy wordings) of Tata AIG General Insurance Co. Ltd. available at
https://www.tataaig.com/s3/Policy_Wordings_plate_glass_insurance_policy.pdf_f712e6637a.pdf (accessed on 5th Jan 2023)
3
Ibid
4
See more at : https://irdai.gov.in
5
PLATE GLASS INSURANCE POLICY(Policy wording) of Bharati Axa General Insurance Co. Ltd. available at
https://irdai.gov.in/document-detail?documentId=996268 (accessed on 5th Jan 2023)
2
 5. INDEMNITY: The Company may at its option reinstate, replace or repair the property lost or
damaged or any part thereof instead of paying the amount of loss or damage or may join with
any other insurer in so doing, but the Company shall not be bound to reinstate exactly or
completely but only as circumstances permit and in reasonably sufficient manner and , in no
case, shall the Company be bound to expend more in reinstatement than it would have cost to
reinstate such property as it was at the time of the occurrence of such loss or damage, not more
than the sum insured thereon.6
6. CLAIMS PROCEDURE: Upon the happening of any event giving rise or likely to give rise to a
claim under the Policy the Insured shall –
a) give immediate notice thereof in writing to the nearest office with a copy to the Policy issuing office
of the Company;
b) lodge complaint with the Police for offence against property insured, if any, committed.
c) take all steps within his power to minimize the extent of loss or damage.
d) preserve the parts affected and make them available for inspection by a representative or surveyor of
the Company.
e) deliver to the Company a detailed statement in writing regarding the loss or damage with an estimate
of the intrinsic value of the property lost or the amount of damage caused to the property, as the case
may be, within 14 days from the date of discovery of an event causing loss or damage to the property
insured.
f) tender to the Company all reasonable information, assistance and proof in connection with any claim.
7. FRAUD: All benefits and rights under the policy shall be forfeited if any fraudulent or false
declaration is made or used.
8. SUBROGATION: The Insured and any claimant under the policy shall at the expense of the
Company do or concur in doing or permit to be done all such acts, deeds and things that may be
necessary or reasonably required by the Company for the purpose of enforcing any rights and
remedies or obtaining relief or indemnity from other parties to which the Company shall be or
would become entitled or subrogated upon the Company paying for or making good any loss or
damage under this Policy whether such acts, deeds and things shall be or become necessary or
required before or after the Insured’s indemnification by the Company.7
9. ARBITRATION: If any dispute or difference have been arises such difference shall
independently of all other questions be referred to the decision of a sole arbitrator to be
appointed in writing by the parties thereto or if they cannot agree upon a single arbitrator within

6
Supra note 5
7
Supra note 2
3
 30 days of any party invoking arbitration, the same shall be referred to a panel of three
arbitrators, comprising of two arbitrators, one to be appointed by each of the parties to the
dispute or difference and the third arbitrator to be appointed by such two arbitrators and
arbitration shall be conducted under and in accordance with the provisions of the Arbitration and
Conciliation Act, 1996.
10. CONTRIBUTION: If at the time of happening of any loss or damage covered by this Policy
there be any other insurance of any nature whatsoever covering the same loss, damage or
liability, whether effected by the Insured or not, then the Company shall not be liable to pay or
contribute more than its rateable proportion of any loss or damage.8
11. REINSTATEMENT OF SUM INSURED: Immediately upon the happening of any loss or
damage, the total sum insured and the sum insured upon the various descriptions of property
which have been lost or damaged shall be reduced by the amount of loss or damage and such
reduced sums insured shall be the limit of the company’s liability in respect of any further loss or
damage occurring during the current period of insurance, unless the company consents, upon
payment of additional premium to reinstate the full sum insured.9
12. AVERAGE: If the property insured shall at the time of any loss or damage be collectively of
greater value than the sum insured thereon, the insured shall be considered as being his own
insurer for the difference, and shall bear a rateable proportion of the loss or damage accordingly.
Every item, if more than one, in the Policy, shall be separately subject to this condition.10
EXCEPTIONS
The indemnity granted under the plate glass policy shall neither extends to nor covers the following
instances such as,11
i. Damage arising from the plate glass being worked upon in any manner or during its removal or
replacement or arising out of or in course of alterations to the premises.
ii. Frames, framework of any description or the cost of removal of any fittings, fixtures or other
obstructions.
iii. Interruption, delay, loss of business, consequential loss, damage, expense of any kind.
iv. Scratched, cracked or imperfect glass
v. Damage as a result of faulty workmanship, defective design of frames, framework, fittings or
fixtures of any description.
vi. Costs of recreating any glazing, lettering, ornamentation, any surface treatment or surfacing on

8
Supra note 5
9
Supra note 2
10
Ibid
11
Ibid
4
 the Damaged Plate Glass unless such is specifically declared for insurance.
vii. Damage arising directly or indirectly from or in consequence of fire, heat, gas, lightning,
explosion, burglary (or attempt thereat), storm, flood, inundation, earthquake, war, invasion, act
of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection, strike, riot, civil
commotion, sabotage, military or usurped power or requisition or destruction by order of any
Government or Public Authority.
In National Insurance Company Ltd. v. M/S Bansal Bakers12 the shop of the complainant was insured
with opposite party under "shopkeepers insurance policy" for the period from 5.8.2008 to 4.8.2009. This
policy also covered fire and allied perils which included cover for "plate glass" upto Rs.3,00,000/-
During the subsistence of the policy, the plate glass, installed in the front of the shop, was got damaged.
On receipt of intimation from the complainant, the opposite party appointed surveyor and loss assessor,
who conducted preliminary inspection and submitted report dated 1.5.2009. The complainant has
contended that the loss suffered by him was covered as per the provisions of the policy whereas the
category stand of the opposite party is that the damage fell under the exclusion clause and hence is not
payable. It was stated "the loss has taken place due to the outward bursting of the plate glass caused by
the pressure of gases developed inside. The loss occurred due to sudden higher air pressure inside a
small room which resulted in explosion and causing damage to the glass. The risk of explosion under the
plate glass section of the policy is excluded there under". From the enquiry reports of the surveyors that
the damage to the plate glass was not due to accidental breakage (which is covered under the policy) but
was due to the rise of temperature inside the glass enclosure due to the heat generated by the other
bakery machines. Thus damage caused due to such an explosion inside the glass chamber definitely fell
under the Exclusion Clause. Accordingly, the damage caused by this "Explosion" was not covered under
the provisions of the policy and, therefore, the opposite party was justified in repudiating the claim of
the complainant.

12
State Consumer Disputes Redressal Commission, Punjab, (2013) available at https://indiankanoon.org/doc/83548127/
(accessed on 5th Jan 2023)

5
 GOODS IN TRANSIT INSURANCE
As the world is governed by trade and commerce, every country is engaged in foreign trade with other
in order to perform or facilitate an international trade, one has to carry their goods to many destinations.
Opening a production unit at every places will be expensive and also effect the amount of raw materials,
resources etc., hence the next alternative is shipping and warehousing. It also have some major risks like
natural calamities, issues like piracy attack, theft etc. In order to protect the goods from such natural or
man made fatalities, Transit Insurances have been designed and tailored for every individual business
needs.
So transit insurance or transportation insurance policy is a safe and secured way of covering the risk
arising due to loss or damage caused to goods or personal belongings while in transit. Transit insurance
policy covers goods, freight and other interests against loss or damage to goods while being transported
by rail, road, sea or air. Transit insurance is important to secure goods in transit from one place to
another. It caters to damages and loss caused to goods that are being carried by an individual on this
private vehicle, or an employee or driver or third-party carriers. Transit insurance policy or inland transit
insurance is a simple and convenient mode of covering the risk of business goods or personal belongings
of the insured’s while in transit on land. Its premium is based on the value of goods in transit; and the
amount of risk the insured is bearing during that period. This insurance covers the packing and
unpacking, loading or offloading, transportation and storage of goods during the entire move. It also
covers damage or loss of goods due to mishandling or other forms of damage such as accidents,
explosions, impact fires, theft and malicious damage while in transit.
TYPES OF TRANSIT POLICY
1. SINGLE & SPECIFIC TRANSIT POLICY: Single transit policy covers one particular
journey and is suitable for businesses that do not transport their goods frequently. The policy
would cover the goods which are being transported on a particular journey only. Specific
policies are issued to cover a specific single transit. This cover ends once the cargo arrives at
destination.
2. OPEN POLICY: This policy covers multiple transits occurring within a given period of time
which is, usually, one year. Its suitable for the businesses who transports their goods frequently.
Here the insurer will accept insurance of all shipments made by the assured, within the terms of
the cover for a fixed period, usually for a period of 12 months.
3. GOODS IN TRANSIT POLICY: The vehicle which is used to carryout the goods can be one’s
own vehicle or some one else. If the goods are transported using the transport vessel of a third
party carrier, the carrier might not undertake the risks of damage to your goods. Such policy
cover would insure the goods against possible damages like theft, accident etc. There are two
6
 types of cover comprehensive which covers against all the losses or damage to goods caused and
the other one is a cover provided for defined events such as damage caused due to major events
like fire, flood, collision, overturning, impact; it can also be extended to things like theft, non-
delivery, etc.
EXCEPTIONS
This policy does not cover loss, destruction or damage caused by:
i. Wear and tear, depreciation, deterioration, inherent vice or defect, damp, vermin, insects, fungi,
rust, oxidation and/or discoloration, except as a direct result of fire, theft or accident to the
conveyance.
ii. Atmospheric or climatic conditions or contamination except as a direct result of fire, theft or
accident to the conveyance.
iii. Defective or inadequate packaging or insulation.
iv. Theft or attempted theft of goods conveyed in any open top or open sided vehicle.
v. Theft or attempted theft of goods whilst the vehicle is left unattended unless the property is
contained in a securely locked vehicle and the keys removed from the vehicle or the vehicle
itself is housed in a securely locked building and entry to such locked vehicle or building is
accompanied by forcible and violent entry to or exit.
vi. Willful misconduct of the Insured, theft or dishonesty on the part of the Insured’s employees,
disappearance of or unexplained inventory shortage.
vii. Delay, loss of market, indirect loss or consequential loss of any kind.
viii. Breakdown of refrigeration equipment.
ix. Loss of any liquid gas or goods from containers by leakage, spillage, evaporation or loss in
weight or volume.
x. Any liability, loss, damage or expense of whatsoever nature directly or indirectly caused by,
resulting from, happening through, or in connection with any act of terrorism, contamination by
radioactivity, storage of explosives acids etc.
xi. This policy does not cover loss of or damage to the following goods unless specifically agreed
with the Company and terms agreed prior to the carriage or storage of such goods:
 Deeds, bonds, bills of exchange, promissory notes, money or other negotiable currency,
securities or stamps.
 Livestock and/or living creatures.
 Documents, manuscripts, business books, computer systems records, patterns, models, mould,
plans or designs etc.

7
GENERAL CONDITIONS
1. REASONABLE CARE: The Insured shall take all reasonable care to safeguard the property
insured against accident, loss or damage. The Insured shall at his own expense take all
reasonable precautions and comply with all reasonable recommendations of the Company to
prevent loss, damage or liability and comply with statutory requirements and manufacturers
recommendations. The Insured shall ensure that
(i) any security devices fitted in the vehicle are in a proper working condition.
(ii) the vehicle/s are maintained in a an efficient and roadworthy condition.
(iii) the vehicle/s is suitable for carriage of the insured goods.
(iv) goods and/or merchandise are protected from loss or damage. where the vehicle is not an
enclosed body type, goods carried are covered with tarpaulin.
(v) due care and diligence is exercised in the selection of employees and selection of the
contracted carriers.
2. DUTY OF DISCLOSURE: The Policy shall be void and all premium paid shall be forfeited to
the Company in the event of misrepresentation, misdescription or nondisclosure of any material
fact.
3. NOTICE: Every notice and communication to the Company required by the Policy shall be in
writing and be addressed to the nearest office of the Company.
4. INSPECTION: Representatives of the company shall at any reasonable time have the right to
inspect and examine the risk and the Insured shall provide the representatives of the Company
with all details and information necessary for the assessment of the risk.
5. CLAIM PROCEDURE: On the happening of any event which may give rise to a claim
under this policy the insured shall13 :
(a) Immediately notify the Company.
(b) Carry out and permit to be taken, any action which may be reasonably practicable to
prevent further loss, destruction or damage.
(c) Retain unaltered for such time as the Insurer may reasonably require the damaged goods
or anything connected in any way with the incident.
(d) Where the property is being conveyed by a carrier, notify the carrier concerned of the
loss, destruction or damage within the time limits for notification of an incident as
stipulated in the contract of carriage.
(e) Where the loss involves theft, attempted theft, malicious damage or disappearance, the

13
Policy wordings of Reliance General Insurance, available at :
https://www.reliancegeneral.co.in/Insurance/MarineCargo/MarineCargo-Package-Policy (accessed on 7th Jan 2023)
8
 Insured shall give immediate notice to the police and take reasonable and practicable
steps towards recovery of the lost goods.
6. SUBROGATION: The Company may at its own expense use legal means in the name of the
Insured for recovery of any property lost or its value and the Insured shall give all reasonable
assistance for that purpose. Upon settlement or making good any loss or damage under the policy
the Company shall be entitled to any property recovered.
7. CONTRIBUTION: At the time a claim arises under this policy there shall be any other
insurance covering the same risk the Company shall not be liable to pay more than its
proportionate share of such loss.
8. FRAUDULENT CLAIMS: All benefits and rights under the policy shall be forfeited if any
fraudulent or false declaration is made or used.

In Om Prakash v. Reliance General Insurance,14 The Insured vehicle was stolen from Chopanki,
Bhiwari, Rajasthan on 23.03.2010 at about 9:00 p.m. Consequently, an FIR was lodged, on 24.03.2010,
Thereafter, the appellant visited the office of the first respondent but the office was found to be closed.
Then the appellant went to the place of theft and met the driver and then he went to the concerned police
official. On 29.03.2010, the appellant along with the truck driver, went with the police officials for their
assistance to search the vehicle. The appellant reached his village on 30.03.2010. On 31.10.2010, the
appellant lodged the insurance claim with the respondent company. The respondent-company repudiated
the insurance claim of the appellant citing breach of Condition No. 1, i.e. immediate information about
the loss/theft of the vehicle. It is common knowledge that a person who lost his vehicle may not
straightaway go to the Insurance Company to claim compensation. At first, he will make efforts to trace
the vehicle. It is true that the owner has to intimate the insurer immediately after the theft of the vehicle.
However, this condition should not bar settlement of genuine claims particularly when the delay in
intimation or submission of documents is due to unavoidable circumstances. The court held that
condition regarding the delay shall not be a shelter to repudiate the insurance claims which have been
otherwise proved to be genuine.

14
Civil Appeal No. 15611 of 2017 (SC)
9
 POLICIES COVERING RISK OF STORM & TEMPEST
Our nation is prone to natural calamities and constant fire incidences, which lead to irreversible
damages. For example, in 2021, cyclone Yaas in Odisha and a major fire incident in Kullu, Himachal
Pradesh in December 2021, gutted 15 houses and led to severe destruction of property. Every year, two
to three cyclones make landfall in India, destroying buildings, uprooting trees, and claiming innocent
lives. Indians suffer heavy financial losses at the hands of these natural calamities. It will take years to
reverse all this damage. However, the cyclones will keep coming as they have done in the previous
years. The Insurance Regulatory and Development Authority of India (IRDAI) has made it mandatory
for every insurer to offer a standard home insurance policy known as Bharat Griha Raksha from April 1,
2021. Bharat Griha Raksha provides coverage against loss, damage, or destruction of the home building
and its contents due to unforeseen circumstances. So, insurance companies have come up with Storm
and Tempest Insurance under the Fire Insurance policy to ease the burden. It is a property casualty
insurance feature that covers the policyholder for damages caused to their property due to Cyclone,
Storm, Typhoon, Hurricane, Tempest, Tornado, Inundation, and Flooding. All these correlated and co-
occurring natural disasters are joined to form one peril called STFI. This insurance policy offers
protection against STFI.15 In Recent years ,Kerala has witnessed 2-3 floods for consecutive years and
cyclones. It will take years to reverse all this damage. However, the cyclones will keep coming as they
have done in the previous years. So in order to protect people’s properties & premises from the loss due
to storm and tempest, insurance company provide such policies under Fire Insurance.
EXCEPTIONS16
i. Loss, destruction or damage caused by war, invasion, act of foreign enemy hostilities or war like
operations (whether war be declared or not), civil war, mutiny, civil commotion assuming the
proportions of or amounting to a popular rising, military rising, rebellion, revolution,
insurrection or military or usurped power or radioactivity from any nuclear fuel
ii. Loss, destruction or damage caused to the insured property by pollution or contamination
excluding pollution or contamination which itself results from a peril hereby insured against.
iii. Loss, destruction or damage to the stocks in Cold Storage premises caused by change of
temperature.
iv. Loss of earnings, loss by delay, loss of market or other consequential or indirect loss or damage
of any kind or description whatsoever.

15
Policy wordings of HDFC Ergo available at : https://www.hdfcergo.com/campaigns/home-insurance (accessed on 5th Jan
2023)
16
Policy wordings of TATA Aig Insurance Co. Ltd available at:
https://www.tataaig.com/s3/Policy_Wordings_standard_fire_and_special_perils_policy.pdf_f24e8911fa.pdf (last accessed on
5th Jan 2023)
10
 v. Loss, or damage by spoilage resulting from the retardation or interruption or cessation of any
process or operation caused by operation of any of the perils covered.
CLAIMS PROCEDURE
In order to claim insurance the insured shall17 ;
i. Inform the insurer of the damage within reasonable time and call an appropriate authority to
contain the situation. The insurer can reject your claim if it feels that insured did not prevent
further damage from occurring to the insured property on the ground of reasonable care.
ii. Submission of all the necessary documents such as the duly filled claim form, copy of claim
intimation, the policy and the premium receipts need to be furnished.
iii. Provide the insurer or their surveyor/investigator with registers, original invoices, bills, and
books of accounts to help substantiate the amount of loss/damage, the value of damaged property
prior to the loss, and the value of property that can be salvaged.
iv. The insurance company may send their experts to assess the situation in case the cause of
damage cannot be easily determined.
v. Provide newspaper clippings where the event of loss (flood, cyclone, storm, tornado, etc.) is
reported. It is advisable to take photographs, if possible.
vi. The insurance company will survey the meteorological report at the time of the occurrence of
such event.
In General Assurance Society Ltd v. Chandumull Jain And Anr18 , while examining the meaning of
STFI, the Supreme Court passed the decree in favor of the appellant, a cyclone victim. The complainant
pleaded before the apex court after being repudiated by the insurer to settle the claim. However, the
apex court held that any losses due to STFI could be covered under the fire insurance policy. In the case
of Oddy v. Pheonix Assurance Co Ltd19, A bungalow was insured under a householder's comprehensive
policy. Amongst the risks insured against was loss by "storm" or "tempest". A wall behind it over a long
period. This was because of persistent heavy rain in the adjoining land became subjected to pressure
because of water building up area. The wall collapsed on the bungalow. The insured claimed that the
loss was caused by "storm" or "tempest". The action failed. The court said that the wall was insufficient
in design and collapsed from the pressure of water. No violent wind caused

17
available at: https://sme.icicilombard.com/blogs/What-Is-Storm-And-Tempest-Insurance# (last accessed on 7th Jan 2023)
18
1966 AIR 1644, available at : https://indiankanoon.org/doc/1435269/ (accessed on 7th Jan 2023)
19
(1966) 1 Lloyd's Rep 134.
11
 BURGLARY AND THEFT POLICIES
The word 'burglary' means house-breaking by night, with an intent to commit a felony therein, whether
such felony be actually committed or not. Burglary is theft of property from the premises following
upon felonious entry of the said premises by violent and forcible means or Theft by a person in the
premises who subsequently breaks out by violent and forcible means provided there shall be visible
marks made upon the premises at the place of such entry or exit by tools, explosives, electricity or
chemicals. Indian Penal Code in Section 378 defines theft as "Whoever intending to take dishonestly any
movable property out of the possession of any person without the consent of that person or of any
person having for that purpose authority, moves that property in order to such taking is said to commit
theft." Section 445 of IPC provides that, a person is said to commit housebreaking who commits house
trespass if he affects his entrance into the house (or any part of it), or of being in the house (or any part
of it) for the purpose of committing an offence, or having committed an offence therein be quits the
house, such entrance or exit being made by use of force in one of the six ways as described in the IPC.
Burglary insurance is coverage against loss as the result of a burglary. Found as part of the commercial
package policy that has generally replaced the Special Multiperil Insurance (SMI) policy and the
mercantile open stock burglary insurance policy. Covers loss of merchandise, furniture, equipment,
fixtures due to force and violence to the exterior of a business's premises in order to gain entry, and
damage to the premises of the business as a result of the burglary.20
KINDS OF BURGLARY POLICY
Following are the kinds of burglary insurance policies.21
1. BURGLARY (BUSINESS PREMISES) POLICY: These policies are issued to business premises
covering stock in trade goods in trust or on commission, fixtures and fittings and cash in locked safe.
Cover is in respect of theft following violent and forcible entry into the premises. The policy also
provides cover for damage to the premises caused by burglars.
2. BURGLARY PRIVATE RESIDENCES POLICY: This policy covers contents of dwelling houses,
namely, household goods, personal effects, furniture, gold and silver articles, jewellery and valuables.
The risks covered are burglary, theft and housebreaking.
3. ALL RISKS INSURANCE POLICY: This policy is issued to cover valuable articles like jewellery,
camera, watches, clocks, paintings, works of art, etc. The cover is very wide and includes loss of or
damage by fire, burglary, theft, or any other accidental circumstances. Although the cover is on all risks
basis, yet the policy contains several exceptions, some of the important ones being as follows:
i) loss due to wear and tear or other inherent defects,

20
Dr. S.R Myneni, Law of Insurance(Page No.422), Asia Law House
21
Ibid
12
 ii) overwinding or internal damage of watches or clocks.
iii) loss arising from repairing, restoring or renovation, or cleaning,
iv) loss to camera, telescope, etc. by mechanised derangement or breakage of lens etc.
v) damage to gramophone records by cracking, scratching, chipping, breakage.
4. MONEY-IN-TRANSIT POLICY: This policy covers wages and other cash including cheques,
postal orders etc., against the risk of loss by robbery or theft during transit between the specified places
in the policy (e.g., insured's premises to bank and vice versa). The policy also provides for loss of cash
by hold up in the premises during business hours or by theft from a locked safe outside business. The
policy excludes shortage due to error or omission, loss due to dishonesty of any employee, loss
occasioned by riot or civil commotion etc. However, on payment of additional premium, policy can be
extended to cover infidelity of employees and strike and riot risks.
5. BAGGAGE INSURANCE: Baggage insurance policies are affected to cover accompanied baggage
of persons travelling. The risks covered are fire, theft or accident during travel by land, sea or air.
Unaccompanied baggage is insured under a separate marine cargo policy. Policies may be effected for
the period of travel or even on an annual basis.
GENERAL CONDITIONS
1. REASONABLE CARE: The Insured shall take all reasonable care to safeguard the property
insured against accident, loss or damage. The Insured shall at his own expense take all
reasonable precautions and comply with all reasonable recommendations of the Company to
prevent loss, damage or liability and comply with statutory requirements and manufacturers
recommendations. In Fraser v. B.N. Furman (Productions) Ltd.22, it has been observed that the
requirement for the insurer to repudiate liability to be shown affirmatively that the failure to take
precautions was done recklessly, that is to say with actual recognition of the danger - and not
caring whether or not that danger was averted.
2. DUTY OF DISCLOSURE: The Policy shall be void and all premium paid shall be forfeited to
the Company in the event of misrepresentation, misdescription or nondisclosure of any material
fact. In Glicksman v. Lancashire & General Insurance Co.,23 a firm applied for burglary
insurance but did not disclose that one of the partners of the firm who had proposed a similar
insurance on personal level was refused. Though the firm was never refused the fact of refusal to
a partner was considered to be a material fact which required disclosure. The policy held to be
voidable.
3. NOTICE: Every notice and communication to the Company required by the Policy shall be in

22
(1967) 1 WLR 898
23
1927 AC 139
13
 writing and be addressed to the nearest office of the Company. The requirement of notice
'immediately' would mean notice with all reasonable speed considering the circumstances of the
case. Once notice is given within time, actual proceedings may be lodged within the ordinary
applicable period of limitation.
4. INTERPRETATION: Burglary insurance policy has to be construed with reference to the
stipulations contained in it and no artificial can be given to the words used in it. In United India
Insurance Co. Ltd. v. Harchand Rai Chandan Lal,24it has been observed that where 'burglary'
was defined in the policy as theft preceded by use of force or violence, the terms of the policy
were to govern the contract. They had to abide by the definition in the policy. All the expressions
contained in the policy had to be construed. Nothing can be added, or subtracted or substituted.
Theft without violence was therefore not to be covered.
EXCEPTIONS
The indemnity granted under the plate glass policy shall neither extends to nor covers the following
instances such as;
i. Willful Damage – If the insured has suffered any loss deliberately or intentionally, the policy
does not bear that loss.
ii. Damage by the employee – If any damage is done by the family members or business
employees or staff that loss is not covered under this policy.
iii. War – If the loss or damage is due to war, war-like operations, or invasions, you suffer loss, the
company does not take responsibility for that.
iv. Strike, public unrest – The company does not compensate for the loss or damage that happened
due to strikes, riots, acts of terrorism, or any other public commotions.
v. Nuclear activities – Any damage caused due to radioactive rays or nuclear activities is not
covered under this policy.
vi. Action of Government – Temporary or permanent dispossession, confiscation, commandeering,
requisition, or destruction by the order of the government or any lawful authority will not be
covered.
vii. Removal of contents – Loss or damage to any insured property removed from your home or the
business premises to any other place is not included under the policy coverage.
viii. Natural calamities – Any loss or damage suffered during natural calamities like flood,
earthquake, typhoon, tornado, storm, and some others are not protected by this policy.

24
(2004) 8 SCC 644
14
 AGRICULTURE INSURANCE
HISTORY OF AGRICULTURE INSURANCE: Agriculture care in India is in a state of
enormous transition: increased income and health consciousness among the majority of the classes, price
liberalization, reduction in bureaucracy, and the introduction of private agriculture care financing, drive
the change. Over the last 60 years, India has achieved a lot in terms of agriculture insurance. Before
independence, the agriculture structure was in dismal condition. Since independence, emphasis has been
put on agriculture care and India made considerable progress in improving the agriculture status of the
country. But still, India is way behind many fast developing countries in agriculture indicators. Social
security in India for agriculture emergencies is as old as the Indian civilization. 25 Agriculture insurance
got a boost to a certain extent after the liberalization of insurance sector in 2000 due to the entry of
private non-life insurers. The idea of introducing crop insurance has been in existence since the early
part of the century though most of the studies26 trace it to the post-Independence period. In his
pioneering work on agricultural insurance, 'Agricultural Insurance: A Practical Scheme suited to Indian
Condition' (1920), J S Chakravarty proposes a rain insurance plot for Mysore State and for India overall
to ensure farmers against drought. However, the issue of its introduction remained only in the realm of
discussion, debate and deliberation for over two decades. In 1965, the government introduced a Crop
Insurance Bill which was circulated to various state governments for their views and later on referred to
an Expert Committee chaired by Dr Dharam Narain to examine the economic, administrative, financial
and actuarial implications. The Committee recommended against introducing crop insurance pointing
out that in the context of paucity of resources, any available fund could be better utilised in directly
raising agricultural productivity. The Committee further emphasized the need to ensure availability of
institutional credit to farmers and restore their credit eligibility in the event of a crop failure. Despite the
initial unfavorable feedback, the General Insurance Corporation of India (GIC) commissioned a study in
1976 by eminent agriculture economist Prof V M Dandekar27 who advocated the introduction of crop
insurance on an area approach. His recommendations were responsible for an expert revival of the
subject in the country. The crop-yield insurance programme currently being implemented in the country
also has its genesis in the recommendations of Prof Dandekar, the Pilot Crop Insurance Scheme (PCIS)
was launched by the Government of India on 'area approach' in 13 states of the country in 1979-80. The
crop insurance schemes were however not operated in a significant way till the introduction of the 'All
risk', Comprehensive Crop Insurance Scheme (CCIS) in 1985, which was eventually a product of years
of preparation, planning, experiments and trials on pilot basis. CCIS, in operation from 1985-1999, was

25
Supra note 1
26
Rustagi, Narendra K (1988). Crop Insurance in India: An Analysis. Delhi: B R Publishing Corporation.
27
Dandekar, V M (1976). Crop Insurance in India. Economic and Political Weekly, XI (26): A61-80
15
implemented on 'Homogeneous Area approach' in 16 states and 2 Union Territories of the country. The
scheme was a multi-agency effort that involved the Government of India, state governments, banking
institutions and GIC and covered farmers benefiting crop loans from monetary foundations for
developing notified crops (food crops and oilseeds) on a mandatory premise. In 1999, CCIS was
replaced with a broader based scheme called National Agricultural Insurance Scheme (NAIS). In 2002,
the Government of India established Agricultural Insurance Company of India Ltd (AIC), an exclusive
company to cater to the insurance needs of the farming community. The company started operating from
April 2003 and took over the implementation of NAIS from GIC.
AGRICULTURE SCHEMES BY GOVERNMENT: As agriculture is a major economic
sector and critical source of livelihood in India. Govt. of India has taken keen interest in development
and spread of agriculture insurance. So agriculture insurance was initiated effectively in 1972 and got
wider reach after the launch of National Agriculture Insurance Scheme in 1999. In 2002, the
Government of India established Agricultural Insurance Company of India Ltd. With about 25 million
farmers insured, it is the largest crop insurance program in the world. Following are the schemes
introduced by the govt. in the field of agriculture.
 VARSHA BHIMA / RAINFALL INSURANCE: During the year 2003-04, the private area
presented specific insurance items dependent on climate boundaries in agriculture. Insurance
misfortunes because of climate changes, for example, overabundance or low rainfall, abnormalities
in daylight, temperature and dampness, and so forth can be covered based on the climate file. If the
genuine list for a specific climate occasion is not exactly the breaking point, the case becomes
payable as a level of the deviation of the real list. One such item, specifically Varsha Bhima, was
created by ICICI-Lombard General Insurance Company. The move was trailed by IFFCO-Tokio
General Insurance Company and the public area Agricultural Insurance Company of India (AIC).
Under the scheme, inclusion is reached out for deviations in the rainfall file and pay is paid for
financial misfortunes due to beneath or above typical rainfall. The Agricultural Insurance Company
of India (AIC) presented Varsha Bima during the south-west rainstorm time of 2004.28
 PILOT WEATHER BASED CROP INSURANCE SCHEME: To bring more farmers under crop
insurance, a pilot Weather Based Crop Insurance Scheme was dispatched in 2007 of every 20 states.
Aside from the Agricultural Insurance Company of India, some privately owned businesses have
also been permitted to execute this scheme. The target of WBCIS is to give insurance security to
farmers against unfriendly climate occasions, like insufficient and overabundance rainfall, high or
low temperature, stickiness, and so forth, which are considered to adversely affect crop creation. It
enjoys the benefit of settling the cases inside the briefest conceivable time. WBCIS depends on

28
Supra note 1
16
 actuarial paces of premium, however, to make the scheme alluring, the premium really charged from
farmers has been limited at standard with NAIS.29 WBCIS was executed in 18 states and 469.38 lakh
farmers were covered for a premium of Rs 7,51,920 lakh against cases of Rs. 52,860 lakh under the
scheme from 2007-08 to 2012-13. The absolute safeguarded region during a similar period was
632.01 lakh hectares.30
 PILOT COCONUT PALM INSURANCE SCHEME: Coconut Palm Insurance Scheme (CPIS)
was endorsed for execution on the pilot reason for the years 2009-10 and 2010-11 in chosen spaces
of Andhra Pradesh, Goa, Karnataka, Kerala, Maharashtra, Odisha and Tamil Nadu. 50% of the
premium is paid by the Government of India, 25% by the individual state government and the excess
25% by the farmer. The CPIS is managed by the Coconut Development Board (CDB). Insurance
coverage is extended to total loss of individual palm in the age of 4-60years.
 NATIONAL CROP INSURANCE: It was a new scheme which is also known as Rashtriya Fasal
Bhima Karyakam in all districts of the country. It was formulated by merging all the former schemes
by incorporating changed based from past performances and recommendations to make it more
farmer friendly. Private participation was allowed on selective basis. The crops covered under this
Act were cereals, millets, pulses, oilseeds etc. Implementation of this scheme was at panchayat level
to make it more effective.
 PRADHAN MANTRI FISCAL BIMA YOJANA: The Pradhan Mantri Fasal Bima Yojna was
launched on 13th January 2016 by Prime Minister Shri NarendraModi. This scheme is outcome of
combination of two schemes such as National Agricultural Insurance Scheme and Modified National
Agricultural Insurance Scheme. It is a govt. sponsored crop insurance scheme that integrates
multiple stakeholder on a single platform, i.e., farmers, insurance companies, financial
institutions on a single IT platform. This will ensure better administration, coordination and
transparency for getting real time information and monitoring. This scheme will provide
insurance cover for all stage of the crop cycle including post harvest risks. This scheme
doesn’t cover loss due to war, nuclear activities, riot, strike, act of enmity etc. It aims at
supporting sustainable production in agriculture sector by way of 31 ;
a) providing financial support to farmers suffering crop loss/damage arising out of
unforeseen events.
b) stabilizing the income of farmers to ensure their continuance in farming.
c) encouraging farmers to adopt innovative and modern agricultural practices .

29
Report on Impact Evaluation of WBCIS(2011) available on : https://agricoop.nic.in
30
Report of the Committee to Review the Implementation of Crop Insurance Schemes in India, 2014, p.42 & 44
31
See more at : https://pmfby.gov.in/
17
In Osmanabad District Central Cooperative Bank v. State of Maharashtra, 32 Bombay HC held
that banks and cooperative societies are working as agents for the farmers, who are being
covered under crop insurance. So bank should not be suffered from financial losses because of
non repayment of the loan, and farmers should not be deprived of loan facility for the next
season on the ground that, they were defaulted in repayment of the previous loan.
DR P.K. MISHRA COMMITTEE: To check the deficiencies in the implementation of crop
insurance schemes, in September 2013, Dr. P.K., former Secretary, Department of Agriculture
and Cooperation. A four-member committee was constituted under the chairmanship of Mishra.
The Committee examined the various issues related to Crop Insurance such as , Delay in
receiving crop, cutting data and quality and reliability of such data, Weather data, Crop loan
practices, Crop insurance premium, Settlement of Claims, Role of Banks and Agricultural
Insurance Companies in the operation of schemes and Awareness of farmers regarding various
features of the Schemes.
1. A web portal should be developed for all States to make land record data be available to
financial institutions. Premium rates of MNAIS can be revised.
2. Reserve Bank of India (RBI) and National Bank for Agriculture and Rural Development
(NABARD) should effectively monitor the compliance of their circulars regarding
compulsory crop insurance for loanee farmers.
3. Insurance companies and banks should play a pro-active role in insuring effective
implementation of crop insurance schemes. State Governments should insure that while
conducting crop cutting experiments it is necessary to use the GPRS -enabled and camera
fitted mobile phones etc by the officers and insurer.
4. An Atlas of critical weather elements for different agro-climatic regions and an
Agricultural Insurance Act should be formulated to take care of specific needs of the crop
insurance and agricultural insurance in general.
RABI & KHARIF CROPS: The crops which are start to plant in rainy season are called Kharif
crops. It also known as the summer or monsoon crop in India during the month of June to
November. The crops that are planted which is otherwise called as crops sown in the winter
season are called Rabi crops. It also known as the “winter crop” in Pakistan and India during the
month of October or November to April. Some of the important Rabi crops are wheat, barley,
peas, gram and mustard and Kharif crops are rice, maize etc. 33

32
AIR 2006 Bom 8
33
Deepika M, Crop Insurances Schemes in India, Indian Journal of Law and Legal Research, Volume II Issue I (2021)
18
 LIVESTOCK INSURANCE
Livestock Sector is an important sector of national, especially rural economy. The supplemental income
derived from rearing of livestock is a great source of support to the farmers facing uncertainties of crop
production, apart from providing sustenance to poor and landless farmers. For promotion of the
livestock sector, it has been felt that along with providing more effective steps for disease control and
improvement of genetic quality of animals, a mechanism of assured protection to the farmers and cattle
rearers needs to be devised against eventual losses of such animals. In this direction, the Government
approved a new centrally sponsored scheme on Livestock Insurance which was implemented on pilot
basis during the 10th five year plan.34 The livestock and cattle insurance was demanded since
independence. No worth mentioning progress was made till 1972, when the general insurance
was nationalized. Recently some progress has been made and figure of the progress is available
since 1982. Livestock insurance have included cattle, sheep and goat, horse, pig, camel, duck,
rabbit etc. Livestock insurance refers mainly to the insurance of horses and cattle. This
insurance provides cover against death of animals or livestocks arising as a result of accident,
disease, parturition or pregnant condition as the case may be. 35

GENERAL CONDITIONS
1. REASONABLE CARE: The Insured shall take proper care of the animals including providing
proper feed and shelter, ensure softy of animal and proper treatment in case of illness.
2. VETERINARY VERIFICATION: The report of the veterinary surgeon giving the age,
identification mark, health of the animal and indication that protective invocations have been
completed must be obtained for each proposal. Wherever veterinary surgeons are not available,
companies may at their discretion accept certificates of health issued by livestock inspectors who
are diploma holders. Such certificates will be valid for acceptance of proposals only. Fresh
veterinary examination is not necessary for renewal of insurance if renewal of insurance is made
on or before the date of expiry of the policy.
3. NOTICE: Insured shall give immediate intimation to the companies nearest office on death of
animal as early as possible but not later than 30 days.
4. IDENTIFICATION OF ANIMALS: All insured animals should be suitably identified
preferably by one of the methods such as ear tag made of brass or any other metal.

34
See more at : https://dahd.nic.in/related-links/livestock-insurance
35
Dr. S.R Mynen, Law of Insurance, Asia Law House
19
EXCEPTIONS
The Policy shall give indemnity only for due to death, disease occurred during the policy, surgical
operation and policy can be extended to permanent total disability of cattles on payment of extra
premium, but it excludes death directly/indirectly due to or resulting from following exclusions.
1. Malicious or willful injury or neglect, overloading, unskilled treatment or use of the animal for
the purpose other than stated in the Policy with out the consent of the company in writing.
2. Accidents accruing and/or diseases contracted prior to commencement of risk.
3. International slaughter of the animal except in cases where destruction is necessary to terminate
incurable suffering on human consideration on the basis of certificate issued by qualified
veterinary surgeon in case where destruction is resorted to by order of lawfully constituted
authority.
4. Transport by Air and/or Sea
5. Theft and/or clandestine sale of insured animal
6. War, Invasion, act of Foreign enemy, hostilities whether war be declared or not civil war,
rebellion, revolution, insurrection, muting, tumult, military or usurped power or any
consequences thereof or attempt threat.
7. Any accident, loss, destruction, damage or legal, liability directly or indirectly caused by or
contributed to by or arising from nuclear weapons/materials.
In Heeralal Yadav v. B.M. United India Insurance Company,36 By Scheme sponsored by the
Government, complainant purchased a buffalo with the help of loan provided by the respondent No.2
(Bank) and made proposal to respondent No.1(Insurance Company) for insurance of that she-buffalo.
That cattle died on 16/07/2003, but the Insurance Company had not paid any amount to the complainant
under the contract of insurance. Insurance Company came with a case that insurance cover was provided
for a period between 16/09/2003 to 15/09/2008 under the insurance policy, whereas the cattle had died
on 16/07/2003 i.e. around two months earlier than the date of commencement of insurance cover, so, the
Insurance Company was not liable to pay any amount to the complainant under the contract of
insurance. Similarly, the Bank has also taken this defence that it committed no deficiency in service.
The court observed that proposal form at least shows that proposal of insurance of cattle was complete
on 04/05/2003 and the fitness form of cattle, was duly signed by the complainant as well as Veterinary
Assistant Surgeon, which shows that there was intention on the part of the complainant to get the cattle
insured. The Forum after having considered the material placed before it by all parties,dismissed the
complaint with further direction to pay compensation @ Rs.5,000/- each to both the respondents.

36
Appeal No.564/2009 of Chhattisgarh State Consumer Disputes Redressal Commission available at :
https://indiankanoon.org/doc/76807857/ (accessed on 11th Jan 2023)
20
 ANALYSIS & SUGGESTION
 The primary objective of insurance is to establish a socialistic pattern of society and look after
the welfare of citizens. The nationalization was designed to bring benefits of insurance service to
the door of citizens particularly living in rural India. The other objectives were to ensure
complete security of the funds collected by way of premiums, to utilize, profitably for nation
building activities. It is noted that benefit of certain govt. sponsored schemes are enjoyed by
particular states which truly depict the disparity in economic development.
 Various provisions have been made in the laws and rules to enhance the insurance. In our
country Insurance Act 1938 has been framed and time to time amendments have also been made
but there is not a separate agriculture insurance Act. In absence of a specific legislative
framework private company may make arbitrary provisions without an effective regulator.
 There is need to discuss the role of government and private sectors regarding issues of pricing,
benefit design and information transparency and clarify standards on coverage criteria and
provider quality standards.
 It is noted that private insurers have increased their efforts to increase consumer awareness about
the benefits and importance of insurance and offer a variety of products and services, which
helps them to grab the higher market share, most of private companies have setup blogs apart
from their official site to provide information regarding their various policies.
 Role of judiciary in interpreting the terms of policy is appreciable, as most of the insurance
policy discussed here doesn’t have a separate Act neither it doesn’t come under any legislative
framework so in order to protect the interest of people. Because most of the companies have
almost same conditions with different stipulation of time. It is noted that courts have decided in a
reasonable manner.

21
 CONCLUSION
It is evidently clear that the insurance is the outcome of man’s search for security and finding out ways
and ameliorating the evil consequences of sudden calamities. The modern setup of industrialization has
rendered man and his property most vulnerable to different types of risks and uncertainties of life.
Insurance sector is recording a growth much more than what was expected. Every life or non life
insurance company is looking for ways to expand their operations in India because rapid economic
development, globalization, liberalization. privatization, increasing stress, changes in weather, climate
and changing lifestyles has refocused popular attention on the several sectors. History is replete with
technological innovations that have simply changed the course of mankind.
By the observation we can conclude that the entry of private players in insurance business needful
and reasonable to improve the productivity of activities, various kinds of policies accomplishing greater
density and insurance coverage in the country. There is a need to enactment of legislative framework in
order to regulate the matters. Nowadays our country is prone to natural calamities the insurers are
providing policies of risk of storm and tempest, so insurers do protect the needs and interest of people in
accordance with people’s changing needs.

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22