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Search Results for "insurance breach"

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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 Case — Delay in Intimation Not a Breach of Policy Condition. Notice Given Next Day After Night Accident Satisfies 'Immediate' Requirement Under Policy Condition 1.

19 Nov 2019

The appellant, Kamlesh, owned a truck that was damaged in a fire accident occurring in the night intervening 1st and 2nd June 2009. He raised an insur...

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 Insurance Company's Appeal in Life Insurance Claim Repudiation Case — Non-Disclosure of Pre-Existing Aliment Justifies Repudiation. Failure to Disclose Hospitalization for Vomiting Blood Due to Hepatitis C Within One Month of Policy Issuance Constitutes Suppression of Material Fact Under Section 45 of Insurance Act, 1938.

9 Oct 2020

The Supreme Court allowed the appeal filed by the insurance company (Bajaj Allianz Life Insurance Co. Ltd.) against the order of the National Consumer...

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...

High Court

Bombay High Court Allows Insurance Company's Petition Against NCDRC Order in Housing Society Dispute — Policy Repudiation Upheld Due to Breach of Condition Regarding Unauthorized Construction. The court held that the insurer was justified in repudiating the claim as the insured failed to disclose material facts about unauthorized construction, which was a fundamental breach of policy conditions.

15 Dec 2025

The petitioner, New India Assurance Co. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 4 Decemb...

Supreme Court

Supreme Court Allows Appeal in Marine Insurance Dispute — Insurer Cannot Deny Coverage for Breach of Institute Classification Clause Without Proving Assured's Privity. Insurer's Withdrawal of General Average Guarantee and Refusal to Issue Salvage Security Amount to Deficiency in Service Under Consumer Protection Act, 1986.

7 Feb 2020

The appellant, a partnership firm importing steel coils, obtained a Marine Cargo Cover Note from the respondent insurer on 14.5.2010 for a voyage from...

Supreme Court

Supreme Court Dismisses Appeal in Life Insurance Claim Repudiation Case Due to Suppression of Material Facts. Non-disclosure of existing life insurance policies at the time of proposal constitutes material suppression, entitling insurer to repudiate claim under Section 45 of the Insurance Act, 1938.

18 Feb 2025

The present appeal arises from an order dated 28.05.2019 of the National Consumer Disputes Redressal Commission, New Delhi, dismissing the appellant's...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Case Due to Lack of Willful Breach by Insured. Employer Not Required to Verify Driving Licence Authenticity Beyond Face Value Unless Cause to Suspect.

4 Mar 2020

The appellant, Nirmala Kothari, was the wife of Vinod Ray Kothari, who owned a Hyundai Elantra vehicle insured with the respondent, United India Insur...

High Court

Bombay High Court Allows Insurance Claim for Goods Destroyed by Fire During Customs Delay — Insurer Liable Despite Policy Issued After Goods Were in Port. The court held that the plaintiff had an insurable interest and the policy covered the loss by fire, rejecting the insurer's defense of no risk.

4 Aug 2005

The plaintiff, M/s. Hasmukhrai Chandrakant, filed a suit against The Oriental Fire and General Insurance Co. Ltd. for recovery of Rs.18,70,322.42 with...

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