Insurance Law

United India Insurance Co. Ltd. vs Hyundai Engineering & Construction Co. Ltd 2024 INSC 431 – Insurance – Exclusion

Insurance Law- Insurance is a contract of indemnification, being a contract for a specific purpose, which is to cover defined losses. The courts have to read the insurance contract strictly. Essentially, the insurer cannot be asked to cover a loss that is not mentioned. Exclusion clauses in insurance contracts are interpreted strictly and against the …

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New India Assurance Company Ltd. vs Tata Steel Ltd. 2024 INSC 356 – Insurance

Summary: NCDRC partly allowed the complaint of the Insured. The NCDRC awarded an amount of Rs.13,15,27,000/- with interest at 10% per 2 annum- Allowing appeal, SC set aside the NCDRC judgment and observed: the claim was rightly settled by the NIACL letter dated 03.01.2003 which determined the loss amount payable at Rs.7.88 crores after applying …

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Mahakali Sujatha vs Branch Manager, Future Generali India Life Insurance Company Limited 2024 INSC 296 – Insurance Law- Burden Of Proof

Insurance Law -In the context of insurance contracts, the burden is on the insurer to prove the allegation of non-disclosure of a material fact and that the non-disclosure was fraudulent. Thus, the burden of proving the fact, which excludes the liability of the insurer to pay compensation, lies on the insurer alone and no one …

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Reliance Life Insurance Company Ltd vs Jaya Wadhwani 2024 INSC 10 – Insurance Law

Insurance – The date of proposal cannot be treated to be the date of policy until and unless on the date of proposal, initial deposit as also the issuance of policy happens on the same date where, for example, the premium is paid in cash then, immediately, the policy could be issued. Merely, tendering a …

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