Insurance claim -- Repudiated - Ground of suppression of fact of medical leave availed before the date of proposal - Death due to heart attack - Leave taken on account of an enteric fever - No nexus between cause of death and suppression of material fact - Claim wrongly repudiated...........
Insurance claim -- Repudiation - Ground of suppression of material fact about illness - Held that it is not only that illness should be there but what is necessary that it should be specifically in knowledge of the insured and then alone it should be held that he has suppressed it...........
Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - On ground of suppression of material facts about health - Policy can be avoided after two years only if the three conditions of Section 45 applies which are: (a) the statement must be on a material matter or must suppress fact which it was material to disclose; (b) the suppression must be fraudulently made..........
Insurance claim -- Repudiation - Ground that insured suppressed material fact of hospitalisation due to excess bleeding in the proposal form - Death of the insured due to cardiac arrest while on operation table when she was being operated upon for excessive bleeding - Held that this was a common, disease found in most of the women and non-mentioning of this disease in the..........
Insurance claim -- Repudiation - Husband of complainant was suffering from cancer and was being treated for the disease in Hospital - Policy got revived by Suppressing the aforesaid material fact - The burden of establishing the suppression of material fact proved by the appellant-OP by producing documentary evidence - Not stated by complainant-respondent that documents..........
Insurance Claim -- Repudiation - Wilful suppression of material fact about his health by assured due to which he died - Insurance Company held rightly repudiated the claim...........
Insurance Claim -- Suppression of material fact - Repudiation - It is not necessary to establish any nexus between the cause of death and the illness the insured was suffering from when wilful suppression of material facts concerning his health had been made and thus the basis of the contract has been initiated by reason of such suppression...........
Insurance claim -- Repudiated - Ground of suppression of material facts - Insured died of sickle cell disease - There was no material to indicate that deceased/insured received any medical treatment for her ailment of sickle cell prior to submission of proposal form - There is also no record to show that she was aware of said ailment , prior to submission of proposal form..........
Insurance claim -- Repudiation - Ground that in proposal form insured suppressed the fact that he suffered from Tuberculosis & Jaundice and was on medical leave for 1-1/2 months - Death of the insured on account of `Mayo Cardial Infraction' which has no apparent connection or nexus with the ailment - Even though deceased has not mentioned the disease as above in the..........
Insurance contract -- Suppression of material fact - Repudiation - The nexus of cause of death is not to be seen with reference to the disease with which the deceased suffered prior to taking the policy of insurance - It has to be seen and considered as to whether the deceased had suffered from the illness which has been taken into consideration while repudiating the claim..........
