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 of 2021

21.10.2022.

Pre-existing disease – Uberrima Fides  – Mediclaim policy – Being a non-life insurance policy, is a contract of insurance falling in the category of a contract uberrimae fidei which would mean, the contract of utmost good faith on the part of the assured –  Divulging pre-existing illness was a duty of the insured –  Having not done so, the repudiation of the claim cannot be found fault with in the teeth of the preceding analysis. [Para 11]