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Arbitration Amidst Disputed Insurance Claims. Navigating jurisdictional challenges and contractual non-disclosure in arbitration under the Arbitration and Conciliation Act, 1996.

A Commercial Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award for its alleged failur...

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Bombay High Court Allows Writ Petition in Insurance Claim Dispute — Mandamus Issued for Reimbursement of Neonatal Treatment Expenses. Clause 3.11 of Mediclaim Policy Interpreted to Cover New-Born Babies from Birth, Not After 90 Days.

The petitioner, Rita Kirit Joshi, held two Mediclaim policies with New India Assurance Company (respondent no. 1) covering herself and her family. She...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Supreme Court Allows Appeal in Mediclaim Policy Renewal Dispute — Insurer Must Disclose Material Changes in Coverage at Renewal. Renewal of Insurance Policy is Not a Fresh Contract; Insurer Owed Duty to Inform Insured of Restrictive Terms Under Principle of Utmost Good Faith.

The appellants, Jacob Punnen and his wife, held a Mediclaim policy with United India Insurance Co. Ltd. since 1982, renewed annually. In March 2008, t...

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Supreme Court Allows Appeal in Insurance Claim Dispute — Repudiation of Overseas Mediclaim Policy for Non-Disclosure of Pre-existing Condition Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Hyperlipidaemia at Time of Proposal.

The appellant, Manmohan Nanda, sought an overseas mediclaim policy from United India Assurance Co. Ltd. to travel to the USA for a family wedding. He ...

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Bombay High Court Partially Allows Challenge to Arbitral Award in Insurance Dispute — Floater Policy Interpretation Upheld. Court remits issue of loss assessment for reconsideration under Section 34 of Arbitration and Conciliation Act, 1996.

The petitioner, M/s. Boghara Polyfab Private Limited, had obtained a Fire and Special Perils Policy from the respondent, National Insurance Company Li...