Contract of insurance -- Doctrine of uberrima fides - Case law discussed - The doctrine of utmost good faith must pervade the entire range of conduct of both the assured/insured and the insurer all through the life of an insurance contract...........
Insurance claim -- Ashadeep Life Insurance Policy - Interpretation of insurance policy - Clause 11 of policy - Complainant suffered from Hemiplegia which means one side of a person's body has been paralyzed; meaning thereby that one leg, one hand and further perhaps the hearing capacity of same side of the ear and the power of vision on that side also - Complainant has..........
Insurance claim -- Ashadeep Life Insurance Policy - Interpretation of insurance policy - Clause 11 of policy - Complainant suffered from Hemiplegia which means one side of a person's body has been paralyzed; meaning thereby that one leg, one hand and further perhaps the hearing capacity of same side of the ear and the power of vision on that side also - Complainant has..........
Insurance claim -- Ashadeep Life Insurance Policy - Interpretation of insurance policy - Clause 11 of policy - Complainant suffered from Hemiplegia which means one side of a person's body has been paralyzed; meaning thereby that one leg, one hand and further perhaps the hearing capacity of same side of the ear and the power of vision on that side also -Complainant has..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Spouses in the proceedings for maintenance do not truthfully disclose their true income and therefore some guess work on the part of Court is permissible - Court can take into consideration amongst others the following factors: (i) Life style of the spouse; (ii) The amount spent at the time of marriage and..........
Insurance claim -- Repudiation - Pre - existing disease - Burden of proof - There is no evidence on record to prove that the deceased life assured was suffering from any pre - existing disease at the time of purchasing the policy - The onus lay heavily on the appellant - Insurance Company to prove that the deceased life assured suppressed the material facts - Even the..........
Insurance claim -- Repudiation - Suppression of material facts - Admitted through credible evidence including an affidavit of a doctor and not denied by the Petitioner that the life assured had indeed undergone three caesarean operations - It is also not in dispute that the life assured replied in the negative to the specific query seeking this information in the Insurance..........
Insurance claim -- Repudiation - Suppression of material fact - While submitting proposal form deceased declared in answer to question No. 19 that she was not suffering from diabetes though she was suffering from the disease for the last 16 years - Life insured died within 8 months after taking policy in question - Dismissal of complaint by District Forum reversed by the..........
Insurance claim -- Repudiation - Suppression of material fact - While submitting proposal form deceased declared in answer to question No. 19 that she was not suffering from diabetes though she was suffering from the disease for the last 16 years - Life insured died within 8 months after taking policy in question - Dismissal of complaint by District Forum reversed by the..........
Insurance claim -- Repudiation - Suppression of material fact - While submitting proposal form deceased declared in answer to question No.19 that she was not suffering from diabetes though she was suffering from the disease for the last 16 years - Life insured died within 8 months after taking policy in question - Dismissal of complaint by District Forum reversed by the..........
