Search Results for "repudiation"

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Search Results for "repudiation"

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Supreme Court

Supreme Court Allows Appeal of Complainant in Life Insurance Claim Repudiation Case — Insurer Failed to Prove Suppression of Material Facts. Non-disclosure of existing policies not established by documentary evidence; burden of proof under Section 45 Insurance Act, 1938 not discharged.

22 Apr 2024

The present civil appeal arises from the repudiation of life insurance claims by Future Generali India Life Insurance Company Limited. The appellant, ...

Supreme Court

Supreme Court Allows Appeal in Motor Vehicle Theft Insurance Claim — Negligence Not a Valid Ground for Repudiation. Theft of vehicle due to driver leaving keys in ignition does not amount to breach of policy conditions; insurer directed to pay 75% of sum assured on non-standard basis.

20 Jul 2023

The appellant, Ashok Kumar, was the owner of a truck (dumper) bearing registration No. HR-55C-5385, insured with New India Assurance Co. Ltd. for an I...

Supreme Court

Supreme Court Allows Insured's Appeal in Fire Insurance Claim Dispute, Overturning Repudiation Based on Technical Breach. Insurance Company Directed to Pay Assessed Loss with Interest as Surveyor's Report Established Claim Validity Despite Alleged Document Non-Submission Under Policy Condition 6(b).

9 Feb 2023

The appeal arose from a fire insurance claim dispute where the National Consumer Disputes Redressal Commission had affirmed the insurance company's re...

High Court

High Court of Karnataka Quashes Insurance Ombudsman Award in Health Insurance Claim Dispute — Repudiation of Claim for Non-Disclosure of Pre-Existing Disease Set Aside. Insurer Failed to Prove That Insured Had Knowledge of Pre-Existing Condition at Time of Policy Inception Under Section 45 of Insurance Act, 1938.

21 Oct 2022

The petitioners, Mrs. Jaya Elizabeth Mathew and Mr. Preneesh Oommen, filed a writ petition under Articles 226 and 227 of the Constitution of India cha...

Supreme Court

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.

6 Dec 2021

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 ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute Over Fire Loss — Repudiation for Overvaluation and Lack of Licence Set Aside. The court held that while suppression of material fact regarding licence justified repudiation, overvaluation without fraud did not, and directed payment of claim as per second surveyor's assessment.

14 Feb 2020

The appellant, M/s Baspa Organics Limited, purchased a factory from Maharashtra State Financial Corporation for Rs. 4 crores and commenced production ...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute Over Spontaneous Combustion Loss — Holds That Appointment of Surveyor Without Caveat Constitutes Waiver of Condition Regarding Timely Intimation. The Court remanded the matter to NCDRC for fresh consideration on merits, finding that the insurer waived its right to raise the defence of delayed intimation by appointing a surveyor and not mentioning the delay in the repudiation letter.

13 Dec 2019

The appellant, Saurashtra Chemicals Ltd. (now Saurashtra Chemicals Division of Nirma Ltd.), purchased a standard fire and special perils policy from t...

Supreme Court

Supreme Court Allows Insurer's Appeal in Life Insurance Claim Repudiation Case Due to Suppression of Previous Policy. Non-disclosure of existing life insurance policy in proposal form held to be material misrepresentation entitling insurer to repudiate claim within two years under Section 45 of Insurance Act, 1938.

24 Apr 2019

The case involves an appeal by Reliance Life Insurance Co Ltd against the decision of the National Consumer Disputes Redressal Commission (NCDRC) whic...

High Court

Bombay High Court Dismisses Chamber Summons Seeking to Set Aside Consent Terms in Arbitration Petition — Consent Terms Recorded by Court Cannot Be Challenged Under Section 34 of Arbitration and Conciliation Act, 1996.

22 Dec 2015

The applicants, original respondent nos.1 to 5, filed Chamber Summons No.905 of 2013 in Letters Patent Petition No.226 of 2013 and Arbitration Petitio...

High Court

Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...

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