Insurance In Tort Laws


This project has been an eye opener for me. It is extremely relevant to the modern times and as the future of India we should understand that it is the common mass that runs the country. Consumer protection rights are an important issue in modern days. The law can be effectively used to stop any abuse of the common people especially illiterate masses who do not understand the rules and regulations which is to be followed while buying particular item. It is law, the controller of the entire society which can stop this abuse from taking place. It can place effective standards guiding a product’s genuinity and the proper verification of its price. No extra taxes should be issued according to the seller’s wish. I have proceeded by referring to the books written by Avtar Singh, Venkat Rao and others. It has been a wonderful and educational delight in going about this topic and making a project which is of greatest importance in the present day scenario.


The words “consumer”, “consumed”, “consumption” is all cognate, and when one is defined, the contents of the definition go into all of them wherever they occur in the same act.

Section 2 of the act wherein ‘consumer’ is defined. According to him, the definition of the consumer will not take a client who engaged the advocate for professional services.

Consumer means any person who-

- Buys any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system or deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly promised or under any system of deferred payment when such use is made with the approval of the person, but does not include a person who obtains such goods for resale or for any commercial purpose

- Hires or avails of any services for a consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for the consideration paid or promised or partly paid or partly promised or under any system of deferred payment when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial support

In Black’s Law Dictionary it is to mean:

One who consumes. Individuals who purchase, use, maintain or dispose of products and services. A member of that broad class of people who are influenced by pricing policies, financing practices, quality of goods and services, credit reporting debt collection and other trade practices for which the state and federal consumer laws are enacted.


The act is dedicated, as its preamble shows, to provide for better protection of rights of consumers and for that purpose to make provisions for the establishment of consumer councils and other authorities for settlement of consumer disputes and for other connected matters. In the statement of objects, reasons it is said that and the act seeks to provide speedy and simple redressal to consumer disputes. Quasi judicial body machinery has been set up at the district, state and central levels. These quasi judicial bodies have to observe the principle of natural justice and have been empowered to give relief to a specific nature and to award, wherever appropriate, compensation to consumers. Penalties for non compliance of orders given by quasi judicial bodies have also been provided.

The object and purpose of rendering the act is to render simple, inexpensive and speedy remedy to consumers with complaints against defective goods and deficient services and for that quasi judicial machinery has been sought to be set up at the district, state and national levels. These quasi judicial bodies are required to apply the principle of natural justice and have been empowered to give relief of specific nature and appoint wherever necessary, compensation to consumers.


An operational definition of insurance is that it is

- the benefit provided by a particular kind of indemnity contract, called an insurance policy;

- that is issued by one of several kinds of legal entities (stock company, mutual company, reciprocal, or Lloyd’s syndicate, for example), any of which may be called an insurer;

- in which the insurer promises to pay on behalf of or to indemnify another party, called a policyholder or insured;

- That protects the insured against loss caused by those perils subject to the indemnity in exchange for consideration known as an insurance premium.

The influence of insurance on the law of torts has been significant, both on theoretical level and on practice. Insurance has undermined one of the two main functions of awarding of damages, and it has in cast doubt on the value judgements made by the courts in determining which particular test of liability is appropriate in the given circumstances.

Regardless of whether in the particular circumstances the appropriate principle of liability is intention is malice, fault or strict liability, the purpose of common law damages remains the same. The primary purpose of an award of damages is to compensate the victim for his loss, with view to restoring him as near as possible to the position he would have been in but for the tort of the wrongdoer. But damages have another: by making the wrongdoer responsible for meeting an award of damages, the courts are trying to deter others from committing similar tortuous wrongs.

Insurance vitiates the secondary purpose of damages, at the same time incidentally ensuring that the primary purpose is more often achieved.

It can scarcely be realistically asserted that insured defendants are deterred by the prospect of losing no-claims bonus or by increasing of premium on renewal of their policies. Once it is conceded that insurance renders compensation for the sole purpose of damages but then the tort action itself becomes vulnerable to attack, for there are many ways-some perhaps fairer and administratively cheaper than tort- of compensating a victim for a loss he has suffered.

Prima facie, where a person suffers loss of recognized kind as the result of another’s act, then the latter should have to make good that loss. But for valid reasons, the courts have held that, in certain circumstances, the actor will have to compensate his victim only if he is at fault. The victim’s right to compensation is, therefore curtailed in an attempt to be fair to both the parties. The courts have made a policy decision that, in the circumstances, it is right to reward a defendant who has been careful by protecting him from liability for the consequences of his actions and that, as a corollary the plaintiff must forego his compensation. The policy decision is made on the supposition that the wrongdoer would himself have to pay for the damages but for this protection; it by no means follows that the same decision would be made if there were no risk of the wrongdoer having to provide the compensation.

It is difficult to judge the victim’s right to compensation should be curtailed when that curtailment is not justified by a corresponding benefit to the wrongdoer. The requirement of fault ceases to play its role as the leveler between the victim’s legitimate expectations and the wrongdoer’s legitimate expectations, and becomes simply a hurdle to the victim’s progress to compensation. If it is accepted that no one can insure against liability for harm caused by intentionally to another , then similar arguments can be made by the inappropriateness of the victim’s having, in certain circumstances to prove an intention to do him wrong or harm, when it is irrelevant to the wrongdoer whether he had such an intention or not.

Again the victim’s right to compensation is being curtailed without any corresponding benefit to the wrongdoer.

However, insurance has influenced the law of tort on a much more practical level as well. While the fact of insurance is not of itself a reason for imposing liability , there can be no doubt that it does add “a little extra tensile strength” to the chain which a wrongdoer to his responsibilities.

As well it has given new horizon to damages ; it is true that traditionally it was considered to inform the court that a defendant was insured , but “those days are long past” and now it is frequently openly recognized that the defendant would be insured.

The policy of insurance constitutes a contract of insurance between Life Insurance Corporation or a subsidiary of General Insurance Company of India, as the case may be, such services such has been undertaken to render under the contract of insurance. However as a rule, occasion to render services arise only when insured surrenders his policy, or the policy matures for payment or the insured dies or any other contingency which gives rise to render service occurs.

Breach of contract of insurance may give rise to a cause of action to file a civil suit, but such breach of contract may itself constitute deficiency in service, so as to give a cause of action to file a complaint under the consumer protection act for one such more relieves awardable hereunder.

Section 13(4) of the act vests in a redressal agency powers of the Civil Court, while trying a suit in respect of such matters as examination of witnesses on oath and production of documents. Declining to exercise jurisdiction in a case before it only because it involves examination and cross examination of facts, witnesses and production and consideration of documents would amount to abdication of its jurisdiction.

Such discretion can be exercised only when the gives rise to several issues and necessities taking of voluminous oral and documentary evidence, or otherwise involve complex questions of fact and law which cannot be decided in time bound proceedings under the consumer protection act.


Where the sale of a vehicle is complete, the title therein passes to the purchaser notwithstanding that his name has not been recorded in the R.C.Book. Such owner is entitled to get his vehicle insured and also to maintain a claim on the basis of such insurance. The earlier owner, who has lost insurable insurance on the sold vehicle, cannot advance a claim on the basis of policy of the said vehicle, earlier taken by him, on the ground that he is still the recorded owner of the said vehicle.

Section 157 of the motor vehicles act is only in respect of third party risks and provides that the certificate of insurance described therein shall be deemed to have been transferred in favour of the person to whom the motor vehicle is being transferred. It does not apply to other risks, if any, covered by the policy. If the transferee wants to avail the benefits of other risks covered by it, he has to enter into an agreement thereof with the investor.


If it is established that the discharge voucher was obtained by fraud, misrepresentation, undue influence or coercive bargaining or compelled by circumstances, the authority of the consumer forum may be justified in granting relief. Mere execution of the discharge voucher would not deprive the consumer of his claim in deficiency of service.


In Sarveshwar Rao v. National Insurance Company Ltd. , it was held that the delay of two or more years in settling the insurance claim would result in inadequacy in the quality, nature and manner of the service which the insurance company has undertaken to render, and amounts to deficiency in service.

In Delkon India Pvt. Ltd. V. The Oriental Insurance Company Ltd. . The National Commission has held that it was a deficiency of service to have delayed the claim by two years on the ground that the final police report was not coming.


In Skandia Insurance Company v. Kokilaben Chandravadan , the honorable Supreme Court ruled that the exclusion terms of the insurance must be read with so as to serve the main purpose of the policy, which is to indemnify the damages caused to the vehicle.


In Oriental Insurance Co. Ltd. V. Mayur Restaurant and bar , the conduct of the insurer was under question. The commission held that deficiency of the service was established on the part of the opposite party on two counts i)delay in settlement of claims and ii) unreasonable and un maintainable reasons for repudiating the claim of the complainant, and the compensation with the interest and cost was awarded.


In Life Insurance Corporation v Dharma Vir Anand, the national commission refused to hold the insurance commission liable as the insured committed suicide before the expiry of three years from the date of the policy.


In B.V.Nagarjuna v Oriental Insurance Company Ltd., the terms of insurance contract permitted the insured vehicle to carry six passengers at a time but the driver allowed two more persons to get in. It was held that merely adding two more persons without the knowledge of the driver did not amount to indemnification by the insurance company.


In Jagdish Prakash Dagar v. Life Insurance Corporation , it was held that a nominee under a policy of life insurance will be a consumer within the meaning of section 2(1) (d) of the Consumer Protection Act. The commission held that the nominee could legislatively maintain an action against deficiency raised in service by the arbitrary decision of the insurer.


Repudiation is defined as the renunciation of a contract (which holds a repudiator liable to be sued for breach of contract, and entitles the repudiatee on accepting the repudiation to treat the contract as at an end

This concept of repudiation is needed in the concept of insurance. The concept of repudiation will be dealt hereto a number of times and to provide beneficiary evidence, the definition has been given.

Unilateral repudiation of its liability, under the contact of by the life insurance corporation or an insurance company does not, by itself oust the jurisdiction of a redressal agency, to go into the sustainability of such repudiation, on facts and in law and to decide and to adjudicate if, in the facts of the case, it amounts to deficiency in service or unfair trade practice, and if so, to award to the aggrieved person, such relief or reliefs under Section 14(1) of the said Act as he or she is entitled to. The fact that before such repudiation it obtained a report from a surveyor or surveyors also does not oust the jurisdiction of a redressal agents to into the merits of such repudiation, for otherwise in each case the corporation or such company, and deprived the aggrieved person of the cheap and expeditious remedy under the consumer protection act.

Where, however the corporation or the company conducts thorough investigations into the facts which have given rise to claim and other associated facts, and repudiates the claims in good faith after exercise with due care and proper application of mind, the redressal agency should decline to go into the merits of such repudiation and leave the aggrieved person to resort to the regular remedy of a suit in a civil court.

The law does not require the life insurance corporation or an insurance company to accept every claim good or bad, true or false, but it does require the corporation or the company to make a thorough investigation into such claim and to take decisions on it, in good faith, after exercise of due care and proper application of mind and where it does so it renders the service required by it and cannot be charged with deficiencies in service, even if, in the ultimate analysis, such decisions is wrong on the facts and in law and the redressal agency would be disinclined to substitute its own judgement in the place of the judgement of the corporation or insurance company.

The question as to whether repudiation of its liability does or does not amount to deficiency in service would depend upon the facts of each case.

Where a cheque sent towards a premium is dishonoured by the drawee bank and consequently the policy is cancelled or it lapses or the injured dies before the proposal is accepted and contract of insurance results, no claim can be founded in such a policy, which was cancelled or has since lapsed, or a contract of insurance, which did not materialize at all. Repudiation of such claim can never amount to deficiency in service.

Insurance agent is not entitled to collect premium on behalf of the corporation. Where an insured issues a bearer cheque towards premium and hands it over the insurance agent who encashes it, but does not deposit the premium with the corporation event till the expiry of the grace period and consequently the policy lapses and meanwhile the insured also dies, his nominee has to blame himself or herself for the indiscretion of the insured and cannot blame or fault the corporation.


There are some basic principles concerning the topic of Consumer Protection Law and Insurance.

- Settlement of insurance claim is service, default or negligence therein is deficiency of that service

In the case of Shri Umedilal Agarwal v. United India Assurance Co. Ltd, the National Commission observed as under:

“We find no merit in the contention put forward by the insurance company that a complaint relating to the failure on the part of the insurer to the settle the claim of the insured within a reasonable time and the prayer for the grant of compensation in respect of such delay will not within the jurisdiction of the redressal forums constituted under the consumer protection act.

The provision of facilities in connection with insurance has been specifically included within the scope of the expression “service” by the definition of the said word contained in section 2(i) (o) of the act. Our attention was invited by Mr. Malhotra, learned counsel for the insurance company to the decision of the Queen’s Bench in national transit co. ltd. V. customs and central excise commissioners . The observations contained in the said judgement relating to the scope of the expression insurance occurring in the schedule of the enactment referred to therein are of no assistance to all of us in this case because the context in which that expression is used in the English enactment considered in that case is completely different. Having regard to the philosophy of the consumer protection act and its avowed object of providing cheap and speedy redressal to customers affected by the failure on the part of persons providing service for a consideration, we do not find it possible to hold that the settlement of insurance claims will not be covered by the expression insurance occurring in section 2(1)(d).Whenever there is a fault of negligence that will constitute a deficiency in the service on the part of the insurance company and it will perfectly open to the concerned aggrieved customer to approach the Redressal Forums under the act seeking appropriate relief.”

- L.I.C. Agent has no authority in collecting the premium

The supreme court held that under regulation 8(4) of life insurance corporation of India (agents) regulation, 1972 which had acquired the status of life insurance corporation agents rules with effect from January 31, 1981, which were also published in the gazette, LIC agents were specifically prohibited from collecting premium on behalf of LIC and that in view thereof an inference of implied authority cannot also be raised.

- Rejection of claim as false after full investigation

The national commission held as follows:

” from the facts disclosed by the record and particularly averments contained in the consumer affidavit filed by the first respondent it is seen that the insurance company had fully investigated into the claims put forward by the complainant that his claim was rejected. Thus it is not a case where the insurance company did not take a prompt and immediate option for deciding the claims against the insurance company. Having regards to the facts and circumstances of this case and the nature of the controversy between the parties we consider that this is a matter that should be adjudicated before a civil court where the complainant as well as the respondent will have ample opportunities to examine witnesses at length, take out the commission for local inspections etc. and have an elaborate trial of the case.”

- Unilateral reduction in the insurance amount.

The national commission held that the insurance company is not entitled to make a unilateral reduction of Rs. 4, 29,771 from Rs. 30, 12,549 at which its own surveyor assessed the loss.

- Mere repudiation does not render the complaint not maintainable.

The national commission overruled the objection of the insurance company that merely because the insurer had totally repudiated its liability in respect of the claim, no proceedings could validly be initiated by the insured under the consumer protection act.

- Mere unilateral repudiation does not oust the jurisdiction.

The national commission held that merely because the insurer has repudiated the insurance claim under the policy unilaterally, it is difficult to hold that the various redressal forums constituted under the consumer protection act, 1986 will have no jurisdiction to deal with the matter that if such a contention of the insurance company can get a report from the surveyors, repudiate the claim and oust the jurisdiction of the redressal forums, that the redressal forums are, therefore, bound to see whether or not the repudiation was made in good faith on valid and justifiable grounds that if the surveyor or surveyors choose to submit the wrong report and the insurance company repudiates the claims without applying its mind then the repudiation cannot be said to be justified that the report of the surveyor will show that the investigations have been proper, fair and thorough and that it has to be remembered that the surveyors bread comes from the employer.

- Mere unilateral repudiation no ground to oust jurisdiction.

The national commission repelled the objection and observed as under:

“Ordinarily a remedy is available to a consumer in Civil Court but mere repudiation of claim arising out of policy of insurance under section 45 of the insurance act, 1938, cannot take away the jurisdiction of the redressal forum constituted under the act. The avowed object of the act is to provide cheap, speedy and efficacious remedy to the consumers and it is with this object that section 3 of the act lies down as follows:

3. Act not in derogation of the provisions of any other law: – the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.”

The national commission overruled the objection in the view of repudiation of contract of insurance by the corporation; the redressal agencies under the act cannot entertain the claim of the insured and reiterated the law laid down by it in the Divisional Manager, Life insurance Corporation of India, Andhra Pradesh v. Shri Bhavnam Srinivas Reddy.

- Removal of insured goods on attachment no theft.

It was ruled in the stated case that attachment of certain items of insured Machinery and goods by the bailiff of a civil court, though later found to be illegal and consequent removal did not amount to theft and or house breaking by force so as to entitle the insured to prefer a claim under the policy.

- When repudiation amounts to deficiency and when it does not?

The national has held:

In M/s Rajdeep Leasing and Finance and others v. New India Assurance Company Limited and others –

That rejection of the claim by the insurance company after examining and considering the two separate survey reports from qualified surveyors and three legal opinions from different oriental counsels could not be said to constitute a deficiency in service so as to give a rise in the cause of action for a complaint under the consumer protection act.

In Oriental Insurance Co. Ltd. V Modern Industries Ltd. , the national commission has held that where the cover note inter alia mentions that the risk is subject to the usual terms and conditions of the standard policy, it is equally the responsibility of the complainant to call for these terms and conditions even if they are not sent by the insurance company, as alleged, to understand the extent of risk covered under the policy and associated aspects.

In Life Insurance Corporation of India v. Dr. Sampooran Singh

The complainant had taken out an insurance policy of 40,000 rupees in 1982, for the purpose of payment of estate duty on his only residential house in chandigarh in the event of his death and paid 5 premia, but with the abolition of estate duty on one residential house owner in 1985, the policy became inoperative due to the act of the state and not due to any deficiency on the part of the corporation any dispute between the parties as to the amount payable there under cannot be construed as deficiency in service on part of the corporation.

In LIC of India v M/s Kanchan Murlidhar Akkalwar

The complainant applied to the opposite party for housing loan, and on the advice of the latter, she took two LIC policies, one for Rs. 90000 and the other for Rs. 20000 entered into an agreement for the purchase of the house with the house with the owner on the advice of the opposite party obtained a fire policy for Rs. 2 lakhs. The opposite party advised the complainant to obtain a release deed from the zilla parishad co operative society in respect of the she proposed to purchase with a certificate that the said plot is not mortgaged therein. The complainant got a certificate from the Maharashtra government that the vendor had re paid the housing loan and interest thereon due to Zilla Parishad Krishi Karmachari Sehakari Gribe Narman Sanstha and that there was nothing outstanding from him towards loan amount or interest. Still the opposite party did not release the loan. On these facts the national commission by its majority judgement observed that:

“We have carefully gone through the records and heard the counsel. Clause 1 (c) of the loan offer letter clearly states that the advance of the loan is subject to the property being free from encumbrances to the satisfaction of the insurance company and a good and marketable title. At the same time it appears that the respondent-complainant had to go through a number of steps, although necessary, having financial implications and causing mental and physical stress to her and at the end of all of which she was told that no dues certificate given by the maharashtra government in respect of the prospective seller of the property in question, was not “release of mortgage” certificate that was obtained. The respondent complainant perhaps also had in her mind the case of Mr. Vaishempayam who got the loan under similar circumstances. Thus the evasion petition is disposed of as above.”


This project topic is increasingly beneficial in the modern times with the consumer protection rights being redressed with due care. It is being advertised in the mass media in our country. The slogan which our consumer is using is: “JAGO GRAHAK JAGO”. The time has come to realize the ideal market situation in which the buyers are not persuaded or coerced falsely into buying items which are of no use to them at all. Besides the relationship between buyer and seller should not be damaged at any cost. The relationship between the buyer and seller is said to be a fiduciary relationship and the trust between them should remain intact. A time has come in which the customer should get his proper position in the market conditions. He has to have proper knowledge about what is going on in the market and the concerned prices and the supply and the different other practices referred to.

Insurance is a very sensitive issue in the modern times. People are being hoodwinked into signing up in companies which are turning out to be frauds in the true sense of the term. This project has been an eye opener to me and I have come to realize the importance of the consumer protection act and insurance.

What Are the Benefits of a Minibus Rental?

Traveling from one place to another is so much fun. You will capture pictures, meet new friends and enjoy your leisure time. However, before you start planning on where to go, you should know first how to reach your preferred destination. If you opt to travel along with your friends and family, it is best to look for an ideal minibus rental.

Maybe you are wondering on what the different benefits of a minibus rental are. For most travelers, renting a vehicle makes their trip more convenient and effective. If you are confused whether you will hire one or not, here are the different benefits of a minibus rental:

  • Gives Ample Space – Renting a minibus allows you to occupy your bags and other personal belongings. Your things are secured in this vehicle. If you prefer to travel using one car to another, there are some drivers who might take advantage of your situation.
  • Can Travel Safely – Once you hire a minibus, you are certain that you will reach your destination safely and free from any issue. Most minibus renting companies ensure that their vehicles are in good condition. They also allow their drivers to accompany you, depending on your request.
  • Allows You to Relax while Traveling – Through hiring a minibus, you can travel without worrying about anything. All you need to do is sit down and enjoy the trip. With its comfortable seats and interior designs, you can relax and have a fun conversation with your friends.
  • Affordable Services – If you are new to a certain place, you better hire a minibus rental. Through this, drivers can assist you in reaching your preferred destination. In addition, you can get this benefit without spending too much cash. Most rental minibus services are asking cheap rates, depending on your chosen location.

These multiple benefits of a minibus rental encourage most people to hire an ideal one. However, not all travelers know where to depend on. If you are looking for the best place where to rent a minibus, you need to consider various things.

Renting a minibus is not an easy task. You have to spend enough time and effort before you deal with a perfect one.

To ensure that you will depend on the best rental minibus service, you have to compare the offered services of one company to another. It is also best to check their exact costs to avoid any problem. You also need to know how your preferred company treats their customers. To get more details about your desired company, you have to know the different feedback of their previous and current customers. You also need to read several reviews online for accurate searching.

Upon getting the best minibus rental, you can decide where to go. It means that you are free to enjoy your leisure time and visit one place to another. You can do this without worrying about any issue. Through accurate selection of a minibus rental, you can travel safely and conveniently.

Insurance For DJs

DJ Insurance

Insurance is a very important consideration for the mobile DJ entertainer. There are many companies that provide DJ insurance and they should be compared carefully before the DJ chooses an insuance provider.

DJing has become much more of a respected job in the last few years, and since mobile DJs have to transport their equipment by vehicle, most car insurance providers have now started providing DJs with liability insurance.

Cost of the premium for the DJ insurance should not serve as the chief purchasing decision. Rather, the effectiveness of the policy should outweigh all other factors in the decision making process. You get what you pay for.

The saying with insurance is, “It’s better to have it and not need it than to need it and not have it.” How true.

You do not want to be stuck without DJ insurance. As a DJ, you are a subcontractor, and though you will be setting up equipment on outside grounds, you will not be covered under the insurance policy of the catering halls or restaurants you provide services in. You have to protect your neck.

You will need your own DJ insurance policy, and now is the time to start pricing one. It is a simple matter of visiting the websites of several insurance carriers and filling out many of their quotes online. You are not committed to purchasing, and you will find the best plans and rates. You should go to the websites of many of the car insurance providers and fill out their DJ insurance forms online. If they’re not readily available, email your request.

Let the DJ insurance companies fight for your business. By filling out the forms online, you will not even have to leave your house, and you will be protecting your future. The last thing you want is a lawsuit because some drunk party guest tripped near your speaker. Without insurance, you can be help personally responsible.

Whether you plan on starting your career as a mobile DJ tomorrow or a year from now, the time to find the right DJ insurance policy is now. It’s more important than any of the DJ equipment you will use.

Do not proceed any further in your DJ career until you’ve filled out at least three insurance quotes. It will be the wisest move you make in your DJ career. I guarantee it.

Fill those quotes out now.

CCC Valuescope & USAA Conspiring to Defraud, Committing RICO Act Violations?

I am filing a consumer complaint against CCC Valuescope (CCCG) and my insurer USAA for falsely alleging a fair “market value” of my automobile.

My insurer USAA has breached its duty to exercise the utmost good faith to me its insured. By using CCC Valuescope (a company I allege violates the U.S. federal RICO Act) USAA has intentionally provided me a low and fraudulent valuation of my automobile in hopes of obtaining an unreasonable and unfair settlement.

CCC Valuescope (formerly known as CCC Information Services Group Inc – CCCG) can by no means be deemed a fair and market value of automobiles as CCC Valuescope works exclusively for insurers and therefore has an economic interest to supply valuations that are intentionally below the actual fair market value of what insured vehicles are truly worth.

It is known fact throughout the insurance industry that CCC gathers its values from what car dealers would sell a vehicle for at basement wholesale prices, not the true “retail value of an auto of like kind and quality prior to the accident” as mandated by FL insurance regulations. Moreover CCC Valuescope uses a mix of vehicles formerly leased, used, and abused among wrecked cars when compiling valuations to afford their insurance company customers paying out total losses the lowest possible “values” to present their insured.

Ironically, nearly every vehicle in CCC Valuescope’s appraisal of my car report consisted of vehicles that had over 20 records indicative of issues such as accidents and faulty cars. Among the report, some cars had 28, 31, and 32 records.

Cutting costs and denying its insured “the utmost due care” historically can be documented against USAA beginning with the class action lawsuit against USAA in Washington’s King County (March 12, 1999) for compelling auto repair shops to use “imitation” parts in repairs, while simultaneously hiding this practice from policyholders. Beyond auto insurance, USAA has countless complaints filed against it in 27 states across the country.

CCC Valuescope is not independent in their valuations since they are a hired gun for the insurance companies! Upon conducting a VIN search on the vehicles within the CCC report 39813905, many cars had over 20 records indicative of numerous collisions, issues with the vehicle, and several changes of ownership. By relying upon CCC’s intentionally low valuation of my vehicle, USAA is breaching its fiduciary duty to act in good faith in handling my claim. No fair and honest evaluation of my claim can be performed by CCC as it is contracted by insurers for the primary purpose of minimizing monies paid out by insurers to its fiduciaries. By using CCC Valuescope, USAA is clearly not exercising the “utmost due care” in the interest of me its insured as required by Baxter v. Royal Indemnity.

CCC admitted itself in its SEC Filing on 3-16-2005 that “the Company sometimes pays a new customer for the remaining commitment of its previous contract with third parties as an incentive”. In regard to regulation, CCC mentions in the same filing “in most states, however, there is no formal approval process for total loss valuation products”. CCC itself confesses in the same report “individual state departments of insurance have taken positions as to whether the use of CCC Valuescope valuations is in compliance with a states claim handling regulations”.

“The Company is aware that since 2002 the California Department of Insurance has advised some of the Company’s customers (which management estimates to be approximately 14% of the total revenue earned in 2004 from the Company’s CCC Valuescope valuation product and service) that the Department believed that their use of CCC Valuescope had not been in compliance with the California insurance regulations in effect prior to October 4, 2004, with respect to certain components of the products methodology. The Company believes the product was in compliance with the applicable California regulations.”

“On April 24, 2003, the California Department of Insurance formally adopted new regulations that required the Company to change its methodology for computing total loss valuations in California.” There is good reason therefore to believe CCC Valuescope’s valuation methodology is terribly flawed and skewed to favor its insurance company customers.

In CCC’s annual report filed February 13, 2004 the legal proceedings and numerous class action lawsuits against CCC are documented in pages 35, 42, 43, and 44 of the 53 page report.

On page 35, CCC Valuescope admits to setting aside $4.3 million as an estimate towards potential settlement to “resolve potential claims arising out of approximately 30% of the transaction volume of CCC Valuescope”.

By acknowledging 30% of transaction volume becoming potential claims, CCC Valuescope thereby makes it public record that it anticipates a sizeable percentage of lawsuits for unfair and fraudulent valuations. Such a high percentage of transaction volume alone attests to the flawed methodology of CCC’s report, its unscrupulous dealings, and wholehearted commitment to protect the financial interests of the insurers it serves.

Ironically, four of CCC Valuescope’s automobile insurance company customers have made contractual and, in some cases, also common law indemnification claims against CCC for litigation costs, attorneys’ fees, settlement payments and other costs allegedly incurred by them in connection with litigation relating to their use of CCC’s flawed TOTAL LOSS valuation product.

Certainly the countless class action lawsuits filed across the United States against CCC Valuescape provides further evidence concerning the grossly low and inaccurate valuations of vehicles they give the insurers they serve. Among the many are:

CCC Settles Class Action Suit on Valuation of Total Loss Vehicles (July 15, 2005)

Chicago-based claims software-maker CCC Information Services Inc. announced that it and 15 of its customers signed a settlement agreement with the plaintiffs in various class action suits pending in Madison County, Ill. These consolidated suits, Case Nos. 01 L 157, et al., relate to the valuation of vehicles that have been declared total losses by insurers.

Terms of the settlement agreement will require CCC to pay notice and administration fees and other costs associated with the settlement. The company estimates that these costs will total about $8 million, and including available insurance proceeds of $1.8 million, the company is fully reserved for these payments. Other settlement costs, including claims by class members, will be paid by the insurance companies that are participating in the settlement.

August 23, 2000, a putative statewide class action was filed in the Circuit Court for Hillsborough County, FL, against CCC and USAA Casualty Insurance Company (Peter Sintes et al. v. USAA Casualty Insurance Company and CCC Information Services, Inc., Case No. 00-006308). Plaintiffs allege that USAA contracted with CCC to provide valuations of “total loss” vehicles and that CCC supplied valuations that were intentionally below the actual fair market value of the insured vehicle.

Iinsurance companies “owe a duty to the insured to exercise the utmost good faith.” Baxter v. Royal Indemnity Company, 285 So.2d 652 (Fla. 1st DCA 1973).

Given the countless and ongoing class action lawsuits against CCC Valuescope there should now be no question that CCC Valuescope is not independent in its auto valuations and is guilty of violating the U.S. federal RICO Act and National Insurance Regulations, along with many of the complicit insurance companies such as USAA who willingly and knowingly use their product with the intent to deceive.

How to Easily Afford Dental Implants

The way most people ask about how much dental implants cost sound very much the way they would ask how much a car costs and with good reason. As with cars, the cost of which will depend on what type and model of car you require, the cost you pay for implants depends on how many implants you need and why you need them.

On a good day, patients can expect to pay anywhere between the amounts of $1,200 to $3,000, not including any of the fixtures above it or anything else to hold your teeth in. If you’re going to pay for the implant, the piece that goes into it, the crown on top of that and grafting materials, this could set you back about $3,500 to $4,000 for that type of implant. OK, so it is actually closer to purchasing a new car but the thing is, dental implants last longer and well, even if you have the flashiest car around, if you mumble or slur your words because of ill-fitting dentures or bridges, then the car may actually be a better investment.

The good news is, you can actually find dental implants that won’t break the bank. Dental implants that are affordable don’t easily come by but with a lot of patience you may be able to find one at about half of the total cost and maybe even ones for free. All you need to know is where to look.

The first thing you need to do is discuss your options with your dentist. He or she may be able to come up with affordable payment plans or allow you to pay for your implants in installments. He or she may even suggest that you get dental discount cards that they participate in, ones that offer at least 30%-50% on dental procedures and are usually valid for a year.

Another way to afford your dental implants is to shop around for dental insurance policies that cover a substantial part, if not the full price for dental implant procedures. While most dental insurance policies won’t cover dental implants because it is considered cosmetic procedure, it is better to have at least a part of it covered than having to pay for it all when your budget clearly doesn’t allow it even if you need it.

You can also try to browse for cosmetic dental clinics online that offer payment plans for their patients to get dental implants. Find sites that accept Hicaps and most reputable health cards, as well as credit through any financing institutions. Sites that allow you extended payment options ensures you get the treatment when you want it and when you need it without worrying about how to pay for it.

It is also recommended that you take advantage of your benefits package at work if you have any. Flexible spending accounts (FSAs) allow you to contribute money from every pay period before they are taxed, and this is the same money you can use to pay for your dental implants. Combining these with individual or employer-sponsored dental insurance plans could save you hundreds of dollars off getting your implants done.

And lastly, while you may be able to get your dental implants for free and this is by playing guinea pig to dental students who are training to perform such procedures while being supervised by a licensed professional during the entire time, you could be exposing yourself to a lot of risks that could entail greater costs in the long run. Never sacrifice your health and well-being for price because it is not worth it.

Three Important Mini Bike Facts You Must Know

Motorbike riders often use the term mini bike in referring to miniature motorcycles that also run on fuel. These bikes can run for approximately 30 miles on a full tank of gas. It is quite popular especially to motorbike enthusiasts who wanted a taste of adrenaline rush in the race tracks. To know more about these bikes, below are a few important facts you must be aware of.

Historical Background

These bikes were very popular during the 60’s and 70’s. They were first made in the 50’s. It became amazingly popular when kids saw racers use such bikes to ride through the pit during races. Due to this, most kids suddenly wanted to own one for their own. Hence, companies began marketing the mini bikes and sold a lot of units to kids who wanted a miniature motorbike they can easily use.

Races involving this type of bikes were also conducted. Go kart race tracks are often used for these races, mostly using pocket bikes. There is a race category for adults and the kids. Some tracks even rent out bikes to paying customers such as adults who wanted to experience riding a mini bike and those kids who love to race and dream of one day becoming motorbike racers.

Mini Bike Safety

Safety is always a major concern in riding miniature bikes. It is difficult for adults to maneuver these bikes around when they first started out. As the rider, you must never forget to wear the proper safety gears when riding. One of the most important safety gears is the helmet. You should never ride without it. In fact, there is a law stating that motorcycle drivers must wear a helmet at all times while driving their vehicles. Though mini bikes may look safer in terms of its size, it can still cause an equal damage as a normal size bike may result to when having an accident. Countless injuries and accidents can be traced to motorbike riding as their cause. To avoid this, it is necessary to ensure that essential safety precautions are made. This is highly recommended especially for young riders who can be very aggressive when driving.

Recent Advancements in Technology

Nowadays, bike companies are providing new bike models to provide their consumers to with more options to choose from. But there are some states, and countries that have a specific law for the use of motorbikes. Like in the UK, it is highly illegal for you to drive around in one of these mini bikes. The only place they allow the use are in motorbike tracks and privately owned lands. Anyone who is caught riding these bikes in public roads, the police will arrest the rider then seize and destroy the vehicle. In the US, however, there are also some states wherein these bikes are illegal to drive on public roads. But there are some pocket bike models allowed to be driven in public roads. These are the ones that meets the vehicle regulation standards. Mini bike models X18, 19, and 22 are the only bikes of this type that meet the proper vehicle regulation. It have taillights, headlights, turn signal lights, horn, side mirrors and a speedometer. Still, the rider must follow proper safety measures such as always wearing a helmet, carrying the vehicles license, registration, and insurance, and never driving while under the influence of alcohol and drugs.

These mini bikes are very cool and eye catching to the public. But the most important rule when riding these mini racing machines is to always follow the proper safety precautions.

How To Book Cheap Flight Tickets To Europe

Europe is a beautiful and well-known travel destination of the world. This wonderful land comprises of several historical spots as well as natural paradises that are famous for their scenic beauty. If you’re fed up of your same old monotonous life, you can plan a holiday in Europe. Historical city of London, artistic atmosphere of Rome, rich delicacy of Amsterdam, colorful culture of Vienna, charming aroma of Florence, creative art of Barcelona and latest fashion of Paris. If you wish to experience all this, better hurry up and book cheap flight tickets to Europe.

If you haven’t booked your tickets yet, you should read this article. In this article, we shall explore different methods of getting cheap flight tickets to Europe.

The best method of getting flight tickets at reduced prices is scheduling your travel dates in advance. If you plan your holiday during the weekdays, you might get discounts. Some airline companies lower their prices during the weekdays. This is because they have lots of customers traveling during the weekends and, most seats are vacant on Mondays and Wednesdays. In such case, it would be feasible for you to plan your holiday on these days as you can easily take a taxi cab.

If your travel destination has a chain of multiple airports, check out those air terminals that serve flights to neighboring airports rather than the ones that link you to the main airport directly. The price of landing at a major airport is quite high as compared to others! You can easily take a taxi cab from a local airport to your main travel destination. This is quite cheaper!

If it is possible, plan your trip around holidays, not on them. Airports experience the busiest schedule during holidays and weekends. If you schedule your trip at least one week ahead, you can easily get cheap flight tickets.

Compare and contrast the prices offered by different online companies by checking out comparison websites or, contacting a travel agency. Some travel companies offer special discounts for their regular customers or, online customers. You can discuss this possibility with their customer service representative.

If your travel destination is close to London and, you are flying from US, you can consider landing in London. Thereafter, get a connecting flight to your destination. Small scale airline companies offer you cheap flight tickets for business classes, between US and London.

Try these tips to book cheap flight tickets to Europe.

RMS Titanic Insurance Claims

It is exactly 100 years since the pride of the White Star Line, the RMS Titanic, hit an iceberg in the Atlantic Ocean and sank with the loss of over 1500 lives.

The centenary has prompted many insurance companies on both sides of the Atlantic to publish documents relating to the greatest maritime loss to date in relative costs, mostly showing their company’s involvement with claims payouts.

When the Titanic sank on the 15th of April 1912, the Lutine Bell was rung at Lloyd’s of London, and a very rapid claims process was begun.

A few months earlier the ships owners, the White Star Line, had instructed insurance brokers Willis Faber and Co. to find cover for the hull, cargo, contents and personal effects of the ship. Willis Faber passed the ‘slip’ to their Lloyd’s mercantile division where it was assessed and subsequently underwritten by multiple syndicates and insurance underwriters acting on behalf of members.

The Titanic’s hull was insured for total loss for $5 million or just over one million pounds sterling at the exchange rate of the time. The policy also included total loss cover for cargo at $600,000 and contents at $400,000 a value equivalent to two hundred thousand pounds.

The original broking slip passed around Lloyd’s has been lost, but was photographed and can be seen in Wright and Fayles book of 1928 called ‘A history of Lloyd’s’. It shows that seven large insurance companies took nearly forty percent of the risk between them and the other sixty percent was underwritten by over seventy individuals and Lloyd’s ‘Names’.

According to documents recently released by Willis the marine insurance policy cost White Star £7500 or $38,000 to insure the Titanic at a rate of 15 shillings per hundred. Modern day rates for cruise liners are considerably lower.

The Ship was considerably underinsured for a value of only five-eighths of its replacement cost. This was apparently because the owners thought the hull to be unsinkable and were prepared to bear the additional $3 million dollars of risk themselves.

Willis state that despite the owners belief in the vessel being unsinkable, they had trouble placing all the hull cover at Lloyd’s and some forty thousand pounds was underwritten in Germany. There was also an extremely high excess or deductible of 15% of the insured value.

Four days after the Titanic sank the US senate held a preliminary investigation at the Waldorf Hotel in New York. The surviving officers of the ship presented their evidence to the panel describing the events of the sinking and signed what is called a ‘protest’ which enable insurance claims to be paid.

Incredibly White Star were reimbursed for the loss of the hull within seven days of the sinking, presumably minus the excess, and fully paid up on cargo and contents losses within thirty days.

They were however grossly underinsured for their liability to others given the value of the people on board. Claims against the company exceeded their cover by over $1 million and whether they had private P and I accident cover for their staff liability, remains a mystery. Suffice to say that payouts to families of lost members of the crew, were paltry.

Claims for the loss of people amounted to in excess of five times what the value of the ship was worth, for those lucky ones who happened to have had life insurance policies or had taken out travellers personal accident cover. Although no disputes about loss of life occurred, families had to wait a lot longer than White Star for compensation.

The final payout for human losses has never been fully asserted as over one hundred and fifty different life of accident insurance companies were involved in cover, on both sides of the Atlantic. American companies took the bulk of the claims, due to the many rich entrepreneurs and millionaire family members who were drowned.

The total loss is estimated to be in the region of $20 million and one of the largest payouts was by the Travelers Insurance company of Hartford who paid out a life policy for over $1 million.

The sinking of the Titanic also brought about the first and only insurance claim for a car being hit by an iceberg, by a Mr William Carter who claimed five thousand dollars for his 25 horse power Renault, lost at sea.