Effect of death on certain causes of action
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Summary
If an insured person dies after an event that created a claim under this Chapter, the claim can still proceed. Death does not stop a cause of action from surviving against the deceased person's estate or against the insurer who issued the certificate of insurance. Succession rules cannot be used to defeat that claim.
Example
Ravi had a valid certificate of insurance when his vehicle caused damage to Priya's car. Ravi dies a week after the accident. Priya can still sue Ravi's estate or his insurer to recover compensation for her loss.
Bare Act
Enacted textNotwithstanding anything contained in section 306 of the Indian Succession Act, 1925 (39 of 1925), the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer.
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