Back
A. P. SAHI, BHARATKUMAR PANDYA
Shree Renuka Sugars Limited Corporate Cell – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
ORDER
A.P. Sahi, President.—This Complaint raises interesting questions arising out of peculiar facts that has been very ably argued by Mr. Tripathi, learned Counsel for the Complainant and have been equally responded to with no less ability by Mr. Amit Kumar Singh, learned Counsel for the Insurance Company. The claim arising out of a declaration of General Average after a loss of goods in a marine transit, that has been repudiated by the O.P. vide letter dated 26.12.2009, is the subject matter of this Complaint. The contest put forth by the Insurance Company is that the question of applying the General Average does not arise inasmuch as the policy has been breached by the complainant by having obtained the policy on misrepresentation of facts regarding the casualty which had already taken place. The Insurance Company has taken a stand that the fact of the loss due to the accident and its occurrence which was in the knowledge of the Complainant that had been deliberately withheld to somehow the other obtain the policy and coverage for the loss which in fact had occurred within the knowledge of the Complainant even prior to the grant of policy. He further submits that the alleged He
(1) Breach of Uberrimae Fidei – The contract of insurance is one of utmost good faith. The “very urgent” nature of the Complainant’s evening request – made only hours after the vessel had actually su....
For an insurance policy to be effective, premium must be paid in advance; retrospective coverage is legally impermissible, particularly when misrepresentation is alleged.
Timely and accurate declarations for consignments are critical in marine insurance policies; failure to comply can validate an insurer's repudiation of claims.
(1) Liability – The liability of the Insurance Company under the policy is clear as the claim is reimbursable in terms of the risk cover under clause-1 of the schedule pertaining to the sinking of a ....
In a Marine Cargo Voyage policy, Motor Vessel if was not classified M.V. claim of insurance rightly denied.
National Commission should not go beyond grounds of repudiation of insurance claim while hearing appeal against order passed by State Commission.
The burden of proof in insurance claims lies with the insurer to establish policy violations, and claims cannot be repudiated without substantial evidence supporting such breaches.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
