Insurance claim -- Repudiation - Suppression of material fact - About suffering from mental disease - Held that the Insurance Companies cannot be permitted to be careless while issuing the insurance policies and to be over clever when repudiating the claim - Order of the District Forum allowing the complaint upheld...........
Insurance claim -- Repudiation - Suppression of pre - existing disease - Held that a mere mention of pain during urination for the last two years without any positive finding of a disease or diagnosis and that any treatment record for the same, cannot be construed to mean a pre - existing disease for which the claim could repudiated...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Mediclaim policy - Suppression of material fact - Pre - existing ailment - Appellant - OP have not proved if the assured had suppressed the material facts regarding the pre - existing heart ailment in the proposal form filled for obtaining mediclaim policy initially taken or on renewal - Since the..........
Insurance claim -- Repudiation - Suppression ofmaterial facts - Except filing the medical certificate and discharge certificate of hospital, the respondent Insurance Company had not led any evidence before the District Forum of the life assured having received any treatment for cirrhosis prior to the admission in the said hospital - Not filed any affidavit of any Doctor or..........
Insurance claim -- Repudiation - Suppression of material fact - Insured husband of the appellant was suffering from Diabetes Mellitus - II prior to the year 2000 when he filled the proposal form - He had suppressed these material facts from being disclosed - The history of Diabetese Millitus - II given by insured himself as recorded in the discharge certificate can validly..........
Insurance claim -- Suppression of material fact - Repudiation - Before 28.6.1993 the date on which the policy had come into force, there is nothing on record to show that the deceased had ever taken any treatment for the disease of cancer - Evan prescription slip dated 8.7.1993 does not reveal that the deceased was a patient of cancer and only advised for some tests -..........
Consumer Protection Act, 1986, Section 13(4)(iii) -- Insurance claim - Suppression of material fact - Plea that case sheet of hospital showed that life assured had onset of Metastatic CA Lungs in September, 1998 prior to revival of policy in October, 1998 - Neither the doctor who recorded the case sheet was examined nor his affidavit filed - Held that it was not proved..........
Insurance claim -- Repudiation - Suppression of material fact - Deceased at the time of taking insurance policy made deliberate concealment in respect of the status of his health as well as regarding his ailment - For that reason contract of insurance with the respondent stood vitiated on account of fraud committed by him - Order of the District Forum dismissing the..........
Insurance claim -- Repudiation - Suppression of material fact - Pre - existing disease of Chronic Renal Failure - The declaration of good health given at the time of renewal of policy clearly false - Order of State Commission allowing the appeal of respondent and dismissing the complaint upheld...........
Insurance claim -- Repudiation - Suppression of material fact - The Insurance Company could establish the pre - existing disease by means of cogent hospital record - Order of the District Forum allowing the complaint rightly upset by the State Commission...........
