Insurance Law

Supreme Court Clarifies “Accidental Death” in Insurance: Malaria Death Not Covered: National Insurance Co. Ltd. vs. Mousumi Bhattacharjee & Ors. (26 March 2019)

/ Accidental Death, Consumer Law, Consumer Protection Act 1986, D Dhananjaya Y Chandrachud, Hemant Gupta, Insurance Contracts, Insurance Law, Insurance Law with Section II, Judges

Supreme Court Clarifies “Accidental Death” in Insurance: Malaria Death Not Covered Date of the Judgment: 26 March 2019 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Dr Dhananjaya Y Chandrachud, J. and Hemant Gupta, J. Can a death caused by a mosquito bite leading to malaria be considered […]

Supreme Court Clarifies “Accidental Death” in Insurance: Malaria Death Not Covered: National Insurance Co. Ltd. vs. Mousumi Bhattacharjee & Ors. (26 March 2019) Read Post »

Supreme Court Upholds Rejection of Insurance Claim for Road Damage: Mahavir Road and Infrastructure Pvt Ltd vs. IFFCO Tokio General Insurance Co Ltd (25 March 2019)

/ Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Exclusions in Insurance Policies, Hemant Gupta, Insurance Law, Insurance Law with Section 1, Judges, Material Damage, National Consumer Disputes Redressal Commission (NCDRC)

Supreme Court Upholds Rejection of Insurance Claim for Road Damage: Mahavir Road and Infrastructure Pvt Ltd vs. IFFCO Tokio General Insurance Co Ltd (2019) Date of the Judgment: 25 March 2019 Citation: [Not Available in Source] Judges: Dr. Dhananjaya Y Chandrachud, J and Hemant Gupta, J Can an insurance company reject a claim for road

Supreme Court Upholds Rejection of Insurance Claim for Road Damage: Mahavir Road and Infrastructure Pvt Ltd vs. IFFCO Tokio General Insurance Co Ltd (25 March 2019) Read Post »

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019)

/ Constitutional Law, Constitutional Law with Article 142, Contract Law, Dhananjaya Y Chandrachud, Exclusion Clause, Export Credit Insurance, Hemant Gupta, Insurance Law, Interpretation of Contracts, Judges

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Date of the Judgment: March 13, 2019 Citation: CIVIL APPEAL NO.2987 OF 2019 (@SLP(C) No. 7781/2014) Judges: Dr. Dhananjaya Y Chandrachud, J. and Hemant Gupta, J. Can an export credit guarantee corporation deny a

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Read Post »

Supreme Court Upholds Insured Value in Total Loss Claim: Sumit Kumar Saha vs. Reliance General Insurance Co. Ltd. (2019)

/ Contract Law, Contract Law with Breach of Contract, Contractual Obligations, Insurance Law, Insurance Law with Depreciation, Insurance Law with Sum Insured, Judges, R. Subhash Reddy, Total Loss Claims, Uday Umesh Lalit

Supreme Court Upholds Insured Value in Total Loss Claim: Sumit Kumar Saha vs. Reliance General Insurance Co. Ltd. (2019) Date of the Judgment: January 30, 2019 Citation: Civil Appeal No. 1299 of 2019 (Arising out of Special Leave Petition (Civil) No. 27695 of 2018) Judges: Uday Umesh Lalit, J., R. Subhash Reddy, J. Can an

Supreme Court Upholds Insured Value in Total Loss Claim: Sumit Kumar Saha vs. Reliance General Insurance Co. Ltd. (2019) Read Post »

Supreme Court Orders Additional Compensation in LIC Policy Dispute: Madhav Hari Joshi vs. Life Insurance Corporation of India (2019) INSC 1

/ Breach of contract, Consumer Law, Consumer Protection Act, 1986, Contract Law, D.Y. Chandrachud, Deficiency of Service, Hemant Gupta, Insurance Law, Jeevan Aastha Plan, Judges, Life Insurance Corporation of India

Supreme Court Orders Additional Compensation in LIC Policy Dispute Date of the Judgment: January 4, 2019 Citation: (2019) INSC 1 Judges: Hon’ble Dr. Justice D.Y. Chandrachud and Hon’ble Mr. Justice Hemant Gupta. This was a two-judge bench. Can an insurance company withhold a policy and a customer’s money after accepting a proposal and premium? The

Supreme Court Orders Additional Compensation in LIC Policy Dispute: Madhav Hari Joshi vs. Life Insurance Corporation of India (2019) INSC 1 Read Post »

Supreme Court clarifies insurance exclusion for demolition by lawful authority in consumer case (7 December 2018)

/ Consumer Disputes, Consumer Law, Dhananjaya Y Chandrachud, Exclusion Clauses, Insurance Law, Insurance Policy Interpretation, Jammu and Kashmir Municipal Corporation Act 2000, Jammu and Kashmir Municipal Corporation Act 2000 with Section 229, Judges, MR Shah

Supreme Court Clarifies Insurance Exclusion for Demolition by Lawful Authority in Consumer Case LEGAL ISSUE: Whether an insurance company is liable to pay for damages when the insured property is demolished by a lawfully constituted authority, given an exclusion clause in the insurance policy. CASE TYPE: Consumer Law, Insurance Law Case Name: New India Assurance

Supreme Court clarifies insurance exclusion for demolition by lawful authority in consumer case (7 December 2018) Read Post »

Supreme Court Upholds Reinstatement, Orders Back Wages for Deceased LIC Employee: Life Insurance Corporation of India vs. Sri Kalappa M. Sankad (2018) INSC 886

/ Abhay Manohar Sapre, Back Wages, Indu Malhotra, Judges, Life Insurance Corporation of India, Reinstatement, Service Law, Service Rules, Termination of Service

Supreme Court Upholds Reinstatement, Orders Back Wages for Deceased LIC Employee: Life Insurance Corporation of India vs. Sri Kalappa M. Sankad (2018) INSC 886 Date of the Judgment: 12 October 2018 Citation: (2018) INSC 886 Judges: Abhay Manohar Sapre, J., Indu Malhotra, J. Can an employer’s termination order be set aside even if the employee

Supreme Court Upholds Reinstatement, Orders Back Wages for Deceased LIC Employee: Life Insurance Corporation of India vs. Sri Kalappa M. Sankad (2018) INSC 886 Read Post »

Supreme Court directs Insurance Company to pay compensation with recovery rights in tractor accident case: Shivaraj vs. Rajendra (2018) INSC 771

/ A.M. Khanwilkar, Dipak Misra, Insurance Law, Judges, Motor Vehicle Accident Compensation, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166

Supreme Court directs Insurance Company to pay compensation with recovery rights in tractor accident case: Shivaraj vs. Rajendra (2018) INSC 771 LEGAL ISSUE: Whether an insurance company is liable to pay compensation to a claimant injured while travelling in a tractor, which was insured for agricultural purposes only, and not for carrying goods or passengers.

Supreme Court directs Insurance Company to pay compensation with recovery rights in tractor accident case: Shivaraj vs. Rajendra (2018) INSC 771 Read Post »

Supreme Court Limits Insurer Liability in Owner-Driver Accident Cases: National Insurance Co. Ltd. vs. Ashalata Bhowmik and Ors. (2018) INSC 733 (31 August 2018)

/ Insurance Law, Judges, Motor Insurance, Motor Vehicles Act, 1988, N.V. Ramana, S. Abdul Nazeer, Section 166, Motor Vehicles Act, 1988

Supreme Court Limits Insurer Liability in Owner-Driver Accident Cases Date of the Judgment: 31 August 2018 Citation: (2018) INSC 733 Judges: N.V. Ramana, J. and S. Abdul Nazeer, J. Can an insurance company be held liable when the owner-driver of a vehicle is solely responsible for an accident resulting in their own death? This was

Supreme Court Limits Insurer Liability in Owner-Driver Accident Cases: National Insurance Co. Ltd. vs. Ashalata Bhowmik and Ors. (2018) INSC 733 (31 August 2018) Read Post »

Supreme Court clarifies insurer liability in cases of fake driving licenses: Ram Chandra Singh vs. Rajaram (2018)

/ A.M. Khanwilkar, Dipak Misra, Insurance Law, Judges, Liability of Insurers, Motor Insurance, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 149(2)(a)(ii)

Supreme Court clarifies insurer liability in cases of fake driving licenses: Ram Chandra Singh vs. Rajaram (2018) LEGAL ISSUE: Whether an insurance company can be absolved of liability in a motor accident claim if the driver of the offending vehicle had a fake driving license. CASE TYPE: Motor Accident Claim Case Name: Ram Chandra Singh

Supreme Court clarifies insurer liability in cases of fake driving licenses: Ram Chandra Singh vs. Rajaram (2018) Read Post »

Supreme Court Upholds Insurer’s Right to Avoid Liability for Vehicles Without Permits: Amrit Paul Singh vs. Tata AIG General Insurance (2018)

/ A.M. Khanwilkar, Dipak Misra, Judges, Motor Vehicle Insurance, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 149, Motor Vehicles Act, 1988 with Section 66

Supreme Court Upholds Insurer’s Right to Avoid Liability for Vehicles Without Permits Date of the Judgment: May 17, 2018 Citation: (2018) INSC 425 Judges: Dipak Misra, CJI., A.M. Khanwilkar, J. Can an insurance company avoid liability if the insured vehicle did not have a valid permit at the time of the accident? The Supreme Court

Supreme Court Upholds Insurer’s Right to Avoid Liability for Vehicles Without Permits: Amrit Paul Singh vs. Tata AIG General Insurance (2018) Read Post »

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018)

/ A.M. Khanwilkar, Arbitration Clause, Arbitration Law, Clause 13, Insurance Policy, Contract Law, D.Y. Chandrachud, Dipak Misra, Insurance Law, Interpretation of Contracts, Judges, Repudiation of Claim, Section 11(6), Arbitration and Conciliation Act, 1996

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) LEGAL ISSUE: Interpretation of arbitration clauses in insurance policies, specifically when the insurer denies liability. CASE TYPE: Arbitration Law, Insurance Law Case Name: Oriental Insurance Company Limited vs. M/s Narbheram Power and Steel Pvt. Ltd. Judgment Date: May 02, 2018

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) Read Post »

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