Insurance policy Archives

“Newborn baby includes both ‘full term’ or ‘pre-term’”; Bombay High Court directs payment of insurance claim

Bombay High Court rejected the insurance company’s contentions and directed them to pay the claim of Rs 11,05,953 to the petitioner with interest and Rs 5 lakhs as costs of litigation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Forcing buyers to purchase insurance policies? Even if dealers offer to sell insurance policies to customers, customers may yet have option to buy such policies from alternative channels: CCI

Competition Commission of India (CCI): The Coram of Ashok Kumar Gupta (Chairperson) and Sangeeta Verma and Bhagwant Singh Bishnoi (Members) addressed a

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insurer refuses to issue insurance policy as Risk Confirmation letter obtained on concealment of material fact by Insurance Broker: Policy will be vitiated? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): Ram Surat Maurya (Presiding Member) addressed a matter wherein the date of issue of the Risk

Case Briefs Tribunals/Commissions/Regulatory Bodies

Medical Negligence | Kidney instead of Kidney Stones removed: Whether hospital will be vicariously liable for its employee’s negligent act? Read to know

Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad: Noting the fact that a patients Kidney was removed instead of the stones in the

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Person detected with schizophrenia denied mediclaim. Insurer saying claimant suffering since 20 yrs hid material facts: Read why NCDRC allowed the claim

National Consumer Disputes Redressal Commission (NCDRC): Justice Ram Surat Ram Maurya (Presiding Member) upheld the decision of State Commission with regard to

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can insurance company repudiate claim if insured suppresses fact of suffering from ailment while taking policy? Telangana State Consumer Forum answers

State Consumer Disputes Redressal Commission, Telangana: Justice MSK Jaiswal (President) and Meena Ramanathan (Member) upheld the District Commission’s Order observing the consequence

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | What are the obligations of the insured taking a Marine Insurance Policy? Principle of Utmost Good Faith favours whom? Commission delineates

National Consumer Disputes Redressal Commission (NCDRC): Anup K. Thakur (Presiding Member) dismissed a consumer complaint against the insurance company in case of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | What factors are to be considered to ascertain whether a discharge voucher in full and final settlement was signed voluntarily or undue influence? Commission considers

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) observed that: “Conduct of the insured becomes relevant on the facts of

Case Briefs High Courts

Chh HC | S. 66 MV Act necessitates ‘permit’ for a passenger carrying commercial vehicle to make insurance company liable for compensation; Appeal partly allowed

Chattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal partly and modified

Case Briefs High Courts

[MV Act] Kar HC | Will absence of valid and effective DL by the offending driver absolve insurance company to pay compensation? “Pay and Recover” principle applied

Karnataka High Court: Ashok G. Nijagannavar, J., allowed the appeal and enhanced the compensation in light of the “pay and recover” principle.

Case Briefs High Courts

Bom HC | If there is breach of policy condition, is the Insurance company still liable to pay compensation? HC explains in a motor accident case

Bombay High Court: Anil S. Kilor, J., decided an appeal wherein the claim petition was rejected by the Motor Accident Tribunal on certain

Case Briefs High Courts

Raj HC | Insurer directed to first compensate the claimants and thereafter recover the same from the insured party

Rajasthan High Court: P.K. Lohra J., in an appeal under Section 173 of the Motor Vehicles Act, 1988 upheld the decision of

Case Briefs High Courts

Mad HC | Writ petition to enforce a contractual right of insurance claim against a private insurance company – maintainable, when action of the company has public law character

Madras High Court: Pushpa Sathyanaryana, J. while hearing a petition praying for mandamus against an insurance company, directed the said insurance company

Case Briefs

Jhar HC | Person authorized to drive a vehicle by its owner, when dies – covered under insurance policy on same terms and conditions, as applicable to the owner of vehicle

Jharkhand High Court: Anubha Rawat Choudhary, J. allowed an appeal made by an insurance company regarding their extent of liability towards a

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Claim for insurance not maintainable where the insured does not prescribe to the terms of insurance policy

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member) dismissed an appeal filed by a jeweller, assailing repudiation of his

Case Briefs Tribunals/Commissions/Regulatory Bodies

A party cannot be allowed to derive benefits of an insurance policy obtained by concealing vital facts about the insured property

National Consumer Disputes Redressal Commission (NCDRC): A Division Member Bench of Anup K Thakur, C. Viswanath, Members, dismissed a complaint filed against

Case Briefs Tribunals/Commissions/Regulatory Bodies

Damages caused by acts done under the influence of alcohol are debarred from the insurance claim

National Consumer Disputes Redressal Commission (NCDRC): A Single Judge Bench comprising of V.K Jain, J., dismissed a consumer plaint for claim of insurance.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Omission on part of bank resulting in lapse of insurance policy amounts to ‘deficiency in services’

National Consumer Disputes Redressal Commission (NCDRC): The Bench comprising of R.K. Agarwal, J., M. Shreesha, Member, dismissed the revision petition filed against