Insurance
Pre-existing disease – Uberrima Fides – Mediclaim policy – Divulging pre-existing illness was a duty of the insured – Having not done so, the repudiation of the claim cannot be found fault with. [2022 PLRonline 0393 (Kar.)]
2022 PLRonline 0393 (Kar.) KARNATAKA HIGH COURT Justice M. Nagaprasanna. Jaya Elizabeth Mathew v. Insurance Ombudsman. Writ Petition 14346...
Read moreInsurance – Premium cheque received during the grace period but after the death of the insured – Company not liable
Life Insurance Corporation Act, 1956, Section 43 - Grace period – Revival - Payment of premium was made within the...
Read more
Insurance – Premium deposited – Proposal not accepted – Mere lapse of time in communicating the acceptance cannot be made a ground for holding that the proposal stood accepted
Insurance – Premium deposited – Proposal not accepted - Amount towards premium was deposited by the deceased with the Life...
Read more
Insurance – Premium paid – No proposal – Policy not issued – No liability of Insurance company.
Insurance Act, Section 64 VB - States, that no risk could be assumed unless premium is received in advance -...
Read moreInsurance – Refusal of claim on flimsy grounds and/or technical grounds
Insurance - Settlement of claims - Insurance companies are refusing the claims on flimsy grounds and/or technical grounds - While...
Read more
Insurance – IMT 47 – Accident was caused as a result of a portion of the road giving away – The accident was in the nature of a landslide, as a result of which the vehicle fell into a deep ditch.
Insurance - Accident was caused as a result of a portion of the road giving away - The accident was...
Read moreInsurance – Exclusion clause – War clause – Opposite Party did not file any evidence to substantiate the allegation that the Complainant was aware of the fact that civil war in Yemen had begun at time of shipment – Claim payable.
Insurance - Exclusion clause - 6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile...
Read more
Employees Compensation Act, S. (2)(I)(2), 4 – Permanent disability – Functional loss of 100% of limb.
Employees Compensation Act, 1923 (8 of 1923), Section (2)(I)(2), 4 - Permanent disability - Job of driving an auto-rickshaw used...
Read more
Insurance – Banking – Policy taken by bank for benefit of its card holders – “Cardsure Package Policy” – Non-Atm transactions – Policy terms not conveyed
Insurance - Banking - Policy taken by bank for benefit of its card holders - “Cardsure Package Policy” - Non-Atm...
Read more
Insurance policy – Non communication of special terms of policy – Repudiation set aside
Insurance policy - Non communication of special terms of policy - Evidence - Deceased account holder of bank - Policy...
Read more
Insurance – Surveyor report – A report of the surveyor is an important document and there should be cogent reason to discard the same.
A report of the surveyor is an important document and there should be cogent reason to discard the same. "31....
Read more
Insurance – Janta Personal Accident Insurance Policy – Only if the insured sustains any bodily injury resulting solely and directly from accident caused by outward, violent and visible means, the Insurance Company would be liable to indemnify the insured
Insurance - Accident - Janta Personal Accident Insurance Policy - Insurance Policy only covers “bodily injury resulting solely and directly...
Read more
Insurance – Contract – Interpretation of – Standard form contracts – Bargaining power, when ambiguity exists and an interpretation of the contract is preferred which favors the party with lesser bargaining power
Contract – Interpretation of - Standard form contracts - Bargaining power – There is no gainsaying that in a contract,...
Read more