Insurance Law

Supreme Court Upholds Insurer’s Right to Repudiate Claim Due to Expired Temporary Vehicle Registration: United India Insurance Co. Ltd. vs. Sushil Kumar Godara (2021)

/ Bela M. Trivedi, Insurance Law, Judges, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 192, Motor Vehicles Act, 1988 with Section 39, Repudiation of Claims, S. Ravindra Bhat, Uday Umesh Lalit, Vehicle Insurance

Supreme Court Upholds Insurer’s Right to Repudiate Claim Due to Expired Temporary Vehicle Registration Date of the Judgment: September 30, 2021 Citation: Civil Appeal No. 5887 of 2021 Judges: Uday Umesh Lalit, J., S. Ravindra Bhat, J., Bela M. Trivedi, J. (authored by S. Ravindra Bhat, J.) Can an insurance company deny a claim if […]

Supreme Court Upholds Insurer’s Right to Repudiate Claim Due to Expired Temporary Vehicle Registration: United India Insurance Co. Ltd. vs. Sushil Kumar Godara (2021) Read Post »

Supreme Court Upholds Surveyor’s Report in Insurance Claim Dispute: Khatema Fibres Ltd. vs. New India Assurance Company Ltd. (28 September 2021)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 21, Consumer Protection Act, 1986 with Section 23, Deficiency in Service, Hemant Gupta, Insurance Act, 1938 with Section 64UM, Insurance Claim, Insurance Law, Judges, Surveyor's Report, V. Ramasubramanian

Supreme Court Upholds Surveyor’s Report in Insurance Claim Dispute: Khatema Fibres Ltd. vs. New India Assurance Company Ltd. (2021) LEGAL ISSUE: Whether the assessment of loss by a surveyor appointed under Section 64UM of the Insurance Act, 1938 is final and binding on the insured and the insurer, and the extent to which a Consumer

Supreme Court Upholds Surveyor’s Report in Insurance Claim Dispute: Khatema Fibres Ltd. vs. New India Assurance Company Ltd. (28 September 2021) Read Post »

Supreme Court Clarifies “Under the Influence” in Insurance Claims: IFFCO Tokio vs. Pearl Beverages (2021)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 17, Exclusion Clause, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 279, Indira Banerjee, Insurance Law, Judges, K.M. Joseph, Motor Insurance, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 185, Uday Umesh Lalit

Supreme Court Clarifies “Under the Influence” in Insurance Claims: IFFCO Tokio vs. Pearl Beverages (2021) LEGAL ISSUE: Interpretation of “under the influence of intoxicating liquor” in insurance contracts. CASE TYPE: Insurance Law, Consumer Protection. Case Name: IFFCO Tokio General Insurance Company Ltd. vs. Pearl Beverages Ltd. [Judgment Date]: 12 April 2021 Introduction Date of the

Supreme Court Clarifies “Under the Influence” in Insurance Claims: IFFCO Tokio vs. Pearl Beverages (2021) Read Post »

Supreme Court Denies Insurance Claim: Death Due to Alcohol Not Accidental (22 March 2021)

/ Accidental Death, Compensation for Death, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 12, Insurance Law, Insurance Law with Exclusion Clause, Janta Personal Accident Insurance Policy, Judges, Mohan M. Shantanagoudar, Vineet Saran, Workmen's Compensation Act, 1923

Supreme Court Denies Insurance Claim: Death Due to Alcohol Not Accidental (22 March 2021) LEGAL ISSUE: Whether a death caused by asphyxia due to alcohol consumption and regurgitation of food is considered an “accidental death” under an insurance policy. CASE TYPE: Consumer Law/Insurance Law Case Name: Narbada Devi and Ors. vs. H.P. State Forest Corporation

Supreme Court Denies Insurance Claim: Death Due to Alcohol Not Accidental (22 March 2021) Read Post »

Supreme Court Upholds Insurance Claim Repudiation for Non-Disclosure of Pre-existing Condition: Bajaj Allianz Life Insurance vs. Dalbir Kaur (2020)

/ Consumer Law, Dhananjaya Y Chandrachud, Duty of Disclosure, Indira Banerjee, Indu Malhotra, Insurance Act, 1938, Insurance Act, 1938 with Section 45, Insurance Law, Judges, Material Facts, Repudiation of Insurance Claim

Supreme Court Upholds Insurance Claim Repudiation for Non-Disclosure of Pre-existing Condition LEGAL ISSUE: Whether non-disclosure of a pre-existing medical condition by the insured justifies the repudiation of an insurance claim. CASE TYPE: Consumer Law Case Name: Branch Manager, Bajaj Allianz Life Insurance Company Ltd and Others vs. Dalbir Kaur [Judgment Date]: 9 October 2020 Introduction

Supreme Court Upholds Insurance Claim Repudiation for Non-Disclosure of Pre-existing Condition: Bajaj Allianz Life Insurance vs. Dalbir Kaur (2020) Read Post »

Supreme Court Clarifies “Ordinary Course of Transit” in Marine Insurance: Bajaj Allianz vs. State of Madhya Pradesh (24 April 2020)

/ Ajay Rastogi, Constitutional Law, Constitutional Law with Article 136, Dhananjaya Y Chandrachud, Insurance Law, Insurance Law with Institute Cargo Clauses (ICC), Judges, Marine Insurance

Supreme Court Clarifies “Ordinary Course of Transit” in Marine Insurance: Bajaj Allianz vs. State of Madhya Pradesh (2020) Date of the Judgment: 24 April 2020 Citation: (2020) INSC 329 Judges: Dr. Dhananjaya Y Chandrachud, J and Ajay Rastogi, J Can the unpacking and assembly of a helicopter at an intermediate location be considered part of

Supreme Court Clarifies “Ordinary Course of Transit” in Marine Insurance: Bajaj Allianz vs. State of Madhya Pradesh (24 April 2020) Read Post »

Supreme Court clarifies liability of insurance company: Sushilaben Indravadan Gandhi vs. New India Assurance (2020)

/ Insurance Law, Insurance Liability, Judges, Motor Vehicle Accident Claims, Motor Vehicle Law, R. F. Nariman, S. Ravindra Bhat

Supreme Court clarifies liability of insurance company: Sushilaben Indravadan Gandhi vs. New India Assurance (2020) LEGAL ISSUE: Whether an insurance company is liable to pay compensation for an accident caused by a vehicle that was transferred but not registered in the name of the new owner. CASE TYPE: Motor Vehicle Accident Claim Case Name: Sushilaben

Supreme Court clarifies liability of insurance company: Sushilaben Indravadan Gandhi vs. New India Assurance (2020) Read Post »

Supreme Court Clarifies Insurer’s Liability in Cases of Fake Driving Licenses: Nirmala Kothari vs. United India Insurance Co. Ltd. (2020)

/ Consumer Complaint, Consumer Law, Insurance Law, Judges, Krishna Murari, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 149(2)(a), Navin Sinha

Supreme Court Clarifies Insurer’s Liability in Cases of Fake Driving Licenses: Nirmala Kothari vs. United India Insurance Co. Ltd. (2020) LEGAL ISSUE: Extent of care expected from an employer while hiring a driver concerning the validity of their driving license. CASE TYPE: Consumer Law/Insurance Law Case Name: Nirmala Kothari vs. United India Insurance Co. Ltd.

Supreme Court Clarifies Insurer’s Liability in Cases of Fake Driving Licenses: Nirmala Kothari vs. United India Insurance Co. Ltd. (2020) Read Post »

Supreme Court Upholds Insurance Claim Repudiation Due to Lack of Hexane Storage License: M/S Baspa Organics Limited vs. United India Insurance Company Ltd. (2020) INSC 142 (14 February 2020)

/ Essential Commodities Act, 1955, Essential Commodities Act, 1955 with Section 3, Insurance Law, Judges, Licensing Requirements, Material Non-Disclosure, Mohan M. Shantanagoudar, Petroleum Act, 1934, Petroleum Act, 1934 with Section 8, Petroleum Rules, 1976, R. Subhash Reddy

Supreme Court Upholds Insurance Claim Repudiation Due to Lack of Hexane Storage License Date of the Judgment: 14 February 2020 Citation: (2020) INSC 142 Judges: Mohan M. Shantanagoudar, J. and R. Subhash Reddy, J. Can an insurance company reject a claim if the insured party did not have the required license to store hazardous materials?

Supreme Court Upholds Insurance Claim Repudiation Due to Lack of Hexane Storage License: M/S Baspa Organics Limited vs. United India Insurance Company Ltd. (2020) INSC 142 (14 February 2020) Read Post »

Supreme Court Upholds Insurance Claim for Employee Dishonesty in Commodity Substitution Case

/ Consumer Law, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 405, Indian Penal Code, 1860 with Section 406, Indian Penal Code, 1860 with Section 420, Insurance Claims, Insurance Law, Judges, Mohan M. Shantanagoudar, R. Subhash Reddy

Supreme Court Upholds Insurance Claim for Employee Dishonesty in Commodity Substitution Case LEGAL ISSUE: Whether an insurance company is liable under a Fidelity Guarantee Insurance Policy for losses arising from the dishonest acts of employees, specifically in cases of commodity substitution. CASE TYPE: Consumer Law, Insurance Law Case Name: Oriental Insurance Co. Ltd. vs. National

Supreme Court Upholds Insurance Claim for Employee Dishonesty in Commodity Substitution Case Read Post »

Supreme Court interprets Institute Classification Clause in marine insurance: Rajankumar and Brothers vs. Oriental Insurance Company (2020)

/ Institute Classification Clause, Judges, K.M. Joseph, Marine Insurance, Marine Insurance Act, 1963, Marine Insurance Act, 1963 with Section 35, Marine Insurance Act, 1963 with Section 36, Mohan M. Shantanagoudar

Supreme Court interprets Institute Classification Clause in marine insurance: Rajankumar and Brothers vs. Oriental Insurance Company (2020) Date of the Judgment: 7 February 2020 Citation: 2020 INSC 123 Judges: Justice Mohan M. Shantanagoudar, Justice K.M. Joseph Can a marine insurance claim be rejected if the insured vessel does not meet the standards of the Institute

Supreme Court interprets Institute Classification Clause in marine insurance: Rajankumar and Brothers vs. Oriental Insurance Company (2020) Read Post »

Supreme Court Clarifies “Standard Aircraft” in Insurance Policy: Bharti AXA vs. Priya Paul (2020)

/ Aircraft Definition, Aircrafts Act, 1934, Aircrafts Act, 1934 with Section 2(1), Insurance Law, Insurance Law with Contra Proferentem, Interpretation of Insurance Policy, Judges, Mohan M. Shantanagoudar, R. Subhash Reddy

Supreme Court Clarifies “Standard Aircraft” in Insurance Policy: Bharti AXA vs. Priya Paul (2020) LEGAL ISSUE: Interpretation of “standard type of aircraft” in an insurance policy. CASE TYPE: Consumer Law/Insurance Law Case Name: Bharti AXA General Insurance Co. Ltd. vs. Priya Paul & Anr. Judgment Date: 07 February 2020 Date of the Judgment: 07 February

Supreme Court Clarifies “Standard Aircraft” in Insurance Policy: Bharti AXA vs. Priya Paul (2020) Read Post »

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