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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T. MALLIKARJUNA RAO, J.
Life Insurance Corporation Of India – Appellant
Versus
Surapaneni Eswari – Respondent
JUDGMENT :
(T. MALLIKARJUNA RAO, J.)
1. This Second Appeal has been filed by the Appellants/Defendants against the Decree and Judgment dated 14.02.2005, in A.S.No.183 of 2000 on the file of IV Additional Senior Civil Judge (Fast Track Court) at Vijayawada (for short, ‘the 1st Appellate Court’) reversing the decree and Judgment dated 06.11.2001, in O.S. No.2001 of 1999 on the file of IV Additional Junior Civil Judge’s Court, Vijayawada (for short, ‘the trial Court’).
2. The Respondent is the Plaintiff, who filed the Suit in O.S.No.2001 of 1999, seeking a declaration that she is entitled to receive the claim from the defendants covered by Policy 673515851 dated 15.12.1997 as the said Policy is valid and binding on the Defendant. Appellants are the Defendants in the said Suit.
3. Referring to the parties as they are initially arrayed in the Suit is expedient to mitigate potential confusion and better comprehend the case.
4. The factual matrix, necessary and germane for adjudicating the contentious issues between the parties inter se, may be delineated as follows:
The Plaintiff's husband passed away suddenly on 15.12.1997. He had an insurance policy (No. 673515851) with the Life Insurance Co
An insurance policy is valid if the premium is paid before the proposer’s death, and the insurer cannot deny liability due to processing delays.
The main legal point established is that the insurance company cannot avoid liability by postponing the commencement of a policy after receiving the premium, and the insurance agent cannot be held re....
A lapsed insurance policy cannot be revived post-death, and the Insurance Ombudsman lacks authority to bypass contract terms based on equity.
An insurance policy lapses if the premium is not paid within the grace period; revivals after the insured's death are impermissible under contract terms.
The agent's collection of the premium on behalf of the Corporation constituted legal liability upon the Corporation to pay the assured under the policy.
Non-settlement of death claim – Communication of Insurance company for postponing life insurance coverage by six months by adverting to treadmill test report and that too at a stage after intimation ....
The insurer's delay in denying a claim breached good faith obligations, establishing acceptance of the insurance contract despite incomplete medical requirements.
Point of law: It appears that when a policy of insurance has been issued by authorised insurer, on receipt of a cheque towards the payment of a premium and such a cheque is returned dishonoured, the ....
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