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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Protima Borah, W/o. Lt. Krishan Kumar Borah – Appellant
Versus
Life Insurance Corporation. Of India, REP. By Its Chairman – Respondent
| Table of Content |
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| 1. establishing the factual matrix surrounding the insurance contract execution, death of the insured, and claim repudiation. (Para 1 , 3 , 4 , 5 , 6 , 7) |
| 2. interpretation of the burden of proof under section 45 of the insurance act and the test for material fact non-disclosure. (Para 2 , 12 , 13 , 14 , 15 , 18 , 19) |
| 3. parties' conflicting contentions regarding non-disclosure of medical history and materiality of alleged pre-existing conditions. (Para 8 , 9 , 10 , 11) |
| 4. application of law to facts resulting in the setting aside of the arbitrary repudiation of the insurance claim. (Para 16 , 17 , 20 , 21 , 22) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. D. P. Borah, the learned counsel appearing on behalf of the Petitioners and Mr. S. P. Choudhury, the learned Standing counsel appearing on behalf of the Respondent Nos. 1 to 4.
2. Taking into account the issue involved, it is the opinion of the Court that the presence of the Respondent Nos.5 & 6 are not necessary for the adjudication of the present dispute. Accordingly, the names of the Respondent Nos. 5 & 6 are struck off.
3. The Petitioners herein are the legal representatives of one Krishna Kumar Borah (since deceased) and
Insurers have the right to repudiate life insurance policies for suppression of material facts, emphasizing the duty of utmost good faith in insurance contracts.
A policy cannot be repudiated for non-disclosure of lapsed or terminated policies, especially when ambiguity exists in proposal forms; the insured must only disclose material facts that directly affe....
The duty of the proposer to disclose all material facts in the proposal form and the materiality of the non-disclosed information for the assessment of risk in insurance contracts.
The insured's obligation to disclose health status is limited to knowledge of such conditions, and unsubstantiated claims of suppression cannot invalidate a life insurance policy.
Law imposes duty of uberrima fides [utmost good faith], on Proposer to disclose material facts truthfully in order to enable Insurer to exercise discretion to enter into contract of insurance.
The duty of the insured to disclose all material facts at the time of obtaining an insurance policy, the significance of material facts in influencing the decision of a prudent insurer, and the conse....
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