Insurance Law

Supreme Court settles the definition of “Despatch” in Export Credit Insurance: Haris Marine Products vs. Export Credit Guarantee Corporation (25 April 2022)

/ Contract Law, Contract Law with Standard Form Contract, Export Credit Insurance, Insurance Law, Insurance Law with Contra Proferentem, Interpretation of Contracts, Judges, Pamidighantam Sri Narasimha, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court Clarifies “Despatch” Date in Export Insurance: Haris Marine Products vs. ECGC (2022) LEGAL ISSUE: Interpretation of “despatch/shipment” date in export credit insurance policy. CASE TYPE: Consumer Law/Insurance Law Case Name: Haris Marine Products vs. Export Credit Guarantee Corporation (ECGC) Limited Judgment Date: 25 April 2022 Date of the Judgment: 25 April 2022 Citation: […]

Supreme Court settles the definition of “Despatch” in Export Credit Insurance: Haris Marine Products vs. Export Credit Guarantee Corporation (25 April 2022) Read Post »

Supreme Court Upholds Insurance Claim: Non-Communication of Policy Terms Leads to Victory for Cardholder’s Family

/ Cardsure Package Policy, Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Insurance Law, Judges, Non-ATM transaction, Surya Kant

Supreme Court Upholds Insurance Claim: Non-Communication of Policy Terms Leads to Victory for Cardholder’s Family LEGAL ISSUE: Whether an insurance company can deny a claim based on a condition not explicitly communicated to the policyholder. CASE TYPE: Consumer Case Name: Anju Kalsi vs. HDFC Ergo General Insurance Company Limited and Another Judgment Date: 21 February

Supreme Court Upholds Insurance Claim: Non-Communication of Policy Terms Leads to Victory for Cardholder’s Family Read Post »

Supreme Court clarifies insurance claim rules for vehicle theft: Delay in intimation not always fatal: Jaina Construction Company vs. Oriental Insurance Company (2022)

/ Bela M. Trivedi, Consumer Law, Consumer Rights, Gurshinder Singh vs. Shriram General Insurance Company Ltd., Insurance Claims, Insurance Law, Insurance Law with Condition No. 1 of the Insurance Policy, Judges, Sanjiv Khanna

Supreme Court on Delay in Insurance Claim for Vehicle Theft: Jaina Construction Company vs. Oriental Insurance Company (2022) LEGAL ISSUE: Whether an insurance company can reject a claim for vehicle theft solely due to a delay in informing the company, despite a timely police report. CASE TYPE: Consumer Law Case Name: Jaina Construction Company vs.

Supreme Court clarifies insurance claim rules for vehicle theft: Delay in intimation not always fatal: Jaina Construction Company vs. Oriental Insurance Company (2022) Read Post »

Supreme Court Upholds Insurance Claim Rejection in Cold Storage Deterioration Case: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance Company (24 January 2022)

/ Consumer Disputes, Consumer Law, Deterioration of Stock Policy, Dhananjaya Y Chandrachud, Dinesh Maheshwari, Insurance Law, Insurance Law with Exception Clause, Judges, National Consumer Disputes Redressal Commission (NCDRC), Policy Exceptions

Supreme Court Upholds Insurance Claim Rejection in Cold Storage Deterioration Case Date of the Judgment: 24 January 2022 Citation: Civil Appeal No 2371 of 2019 Judges: Dr Dhananjaya Y Chandrachud, J and Dinesh Maheshwari, J. Can an insurance company reject a claim for damaged goods if the insured fails to adhere to the policy’s temperature

Supreme Court Upholds Insurance Claim Rejection in Cold Storage Deterioration Case: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance Company (24 January 2022) Read Post »

Supreme Court Upholds Insurance Claim Rejection for Potato Spoilage: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance (2022)

/ Consumer Law, Contract Law, Deterioration of Stock Policy, Dhananjaya Y Chandrachud, Dinesh Maheshwari, Exclusion Clauses, Insurance Claims, Insurance Law, Interpretation of Contracts, Judges, Terms of Contract

Supreme Court Upholds Insurance Claim Rejection for Potato Spoilage: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance (2022) LEGAL ISSUE: Interpretation of exception clauses in insurance policies related to temperature control in cold storage facilities. CASE TYPE: Consumer Law, Insurance Law Case Name: M/s Shivram Chandra Jagarnath Cold Storage & Anr vs. New India

Supreme Court Upholds Insurance Claim Rejection for Potato Spoilage: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance (2022) Read Post »

Supreme Court Upholds Insurance Claim Rejection in Cold Storage Spoilage Case: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance Company (2022)

/ Contract Law, Deterioration of Stock Policy, Dhananjaya Y Chandrachud, Dinesh Maheshwari, Exception Clauses, Insurance Law, Interpretation of Contracts, Interpretation of Insurance Policies, Judges

Supreme Court Upholds Insurance Claim Rejection in Cold Storage Spoilage Case LEGAL ISSUE: Interpretation of exception clauses in insurance policies. CASE TYPE: Consumer Law, Insurance Law Case Name: M/s Shivram Chandra Jagarnath Cold Storage & Anr vs. New India Assurance Company Limited & Ors [Judgment Date]: 24 January 2022 Date of the Judgment: 24 January

Supreme Court Upholds Insurance Claim Rejection in Cold Storage Spoilage Case: Shivram Chandra Jagarnath Cold Storage vs. New India Assurance Company (2022) Read Post »

Supreme Court Restores Interest on Compensation for Injured Laborer: Ajaya Kumar Das vs. Divisional Manager (2022)

/ Compensation Law, Dhananjaya Y Chandrachud, Dinesh Maheshwari, Indian Insurance Law, Judges, Motor Insurance, Workmen's Compensation Act, 1923, Workmen's Compensation Act, 1923 with Section 4A

Supreme Court Restores Interest on Compensation for Injured Laborer: Ajaya Kumar Das vs. Divisional Manager (2022) LEGAL ISSUE: Whether interest on compensation under the Workmen’s Compensation Act, 1923 should be paid from the date of the accident or the date of adjudication. CASE TYPE: Labour Law/Workmen Compensation Case Name: Ajaya Kumar Das & Anr. vs.

Supreme Court Restores Interest on Compensation for Injured Laborer: Ajaya Kumar Das vs. Divisional Manager (2022) Read Post »

Supreme Court clarifies insurance liability in hospital negligence case: Sheth M L Vaduwala Eye Hospital vs. Oriental Insurance Company Limited (2021) INSC 755

/ A S Bopanna, Consumer Law, Dhananjaya Y Chandrachud, Insurance Law, Judges, Negligence, Privity of Contract, Professional Indemnity Insurance

Supreme Court Clarifies Insurance Liability in Hospital Negligence Case: Sheth M L Vaduwala Eye Hospital vs. Oriental Insurance Company Limited (2021) INSC 755 Date of the Judgment: 11 December 2021 Citation: (2021) INSC 755 Judges: Dr Dhananjaya Y Chandrachud, J and A S Bopanna, J. Can an insurance company be held liable for the negligence

Supreme Court clarifies insurance liability in hospital negligence case: Sheth M L Vaduwala Eye Hospital vs. Oriental Insurance Company Limited (2021) INSC 755 Read Post »

Supreme Court rules on Insurance Policy Renewal and Disclosure: Jacob Punnen & Anr. vs. United India Insurance Co. Ltd. (9 December 2021)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(g), Consumer Protection Act, 1986 with Section 2(r), Contract Act, 1872, Contract Act, 1872 with Section 22, Deficiency in Service, Duty of Disclosure, Insurance Law, Insurance Law with Section 2(6C), Judges, K.M. Joseph, Renewal of Policy, S. Ravindra Bhat

Supreme Court on Duty to Inform Policyholders of Changes During Renewal: Jacob Punnen vs. United India Insurance Co. Ltd. (2021) Date of the Judgment: 9 December 2021 Citation: 2021 INSC 729 Judges: S. Ravindra Bhat, J. and K.M. Joseph, J. Is an insurance company obligated to inform its policyholders about changes in policy terms during

Supreme Court rules on Insurance Policy Renewal and Disclosure: Jacob Punnen & Anr. vs. United India Insurance Co. Ltd. (9 December 2021) Read Post »

Supreme Court Clarifies “Pre-Existing Condition” in Overseas Mediclaim Policy: Manmohan Nanda vs. United India Assurance Co. Ltd. (2021)

/ B.V. Nagarathna, Consumer Protection Act, 1986, Dhananjaya Y Chandrachud, Insurance Law, Judges, Mediclaim Policy, Overseas Mediclaim Policy, Pre-Existing Condition, Section 21, Consumer Protection Act, 1986

Supreme Court Clarifies “Pre-Existing Condition” in Overseas Mediclaim Policy: Manmohan Nanda vs. United India Assurance Co. Ltd. (2021) LEGAL ISSUE: Interpretation of “pre-existing condition” in insurance contracts. CASE TYPE: Consumer Law Case Name: Manmohan Nanda vs. United India Assurance Co. Ltd. & Anr Judgment Date: 6th December 2021 Date of the Judgment: 6th December 2021

Supreme Court Clarifies “Pre-Existing Condition” in Overseas Mediclaim Policy: Manmohan Nanda vs. United India Assurance Co. Ltd. (2021) Read Post »

Supreme Court Upholds Insurance Claim: No Fraud in Hydrology Data Non-Disclosure in Malana Power Company Ltd. vs. Oriental Insurance Co. Ltd. (2021) INSC 720 (15 November 2021)

/ Consumer Law, Contract Law, Hrishikesh Roy, Insurance Contract, Insurance Law, Judges, National Consumer Disputes Redressal Commission, Non-Disclosure, R. Subhash Reddy, Reinsurance, Special Contingency Policy

Supreme Court Upholds Insurance Claim: No Fraud in Hydrology Data Non-Disclosure Date of the Judgment: 15 November 2021 Citation: (2021) INSC 720 Judges: R. Subhash Reddy, J. and Hrishikesh Roy, J. Can an insurance company deny a claim by alleging fraud and non-disclosure of data when the insured party has provided all available information? The

Supreme Court Upholds Insurance Claim: No Fraud in Hydrology Data Non-Disclosure in Malana Power Company Ltd. vs. Oriental Insurance Co. Ltd. (2021) INSC 720 (15 November 2021) Read Post »

Supreme Court Denies Accident Claim Benefit Due to Policy Lapse: LIC vs. Sunita (2021)

/ Bela M. Trivedi, Consumer Law, Consumer Protection Act, 1986, Insurance Law, Judges, Policy Interpretation, Sanjiv Khanna, Uberrima Fides

Supreme Court Denies Accident Claim Benefit Due to Policy Lapse: LIC vs. Sunita (2021) LEGAL ISSUE: Whether an insurance company is liable to pay the accident benefit when the policy had lapsed due to non-payment of premium before the accident, even if the policy was revived after the accident but before the death of the

Supreme Court Denies Accident Claim Benefit Due to Policy Lapse: LIC vs. Sunita (2021) Read Post »

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