4.4 Repudiating the Contract or Claim

The repudiation's anatomy: the insurer's refusal — the liability's denial: the contract's repudiation (the policy's avoidance — the formation's defect's assertion: the voidable-contract's election) vs the claim's repudiation (the single-claim's denial — the policy's survival: the loss's exclusion-or-condition's invocation). The repudiation's procedure: the reasons' communication (the ground's specification — the insured's right-to-know); the proof's provision (the evidence's disclosure — the investigation's report); the regulator's discipline (the claim's timely-decision — the delay's penalty faces; the unfair-repudiation's complaint). The repudiation's grounds' summary (the exam's list): the voidness (4.2); the avoidance-election (4.3); the claim's defences (the risk's non-occurrence; the exclusion's application; the proximate-cause's absence; the insured's breach — the fraud-on-the-claim; the condition's non-fulfilment — the notice-and- proof's failure). The insured's responses: the acceptance (the repudiation's finality); the contest (the court-or-forum route — the claim's suit; the consumer complaint; the regulator's grievance) — the jurisprudence's trend (the anti-technicality reading — the repudiation's narrow- construction; the consumer's favour: the court's discipline of the trivial-breach defences).