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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P.
HDFC Life Insurance Company Ltd. – Appellant
Versus
Jyothi madhavan u. W/o.late madhu menon – Respondent
| Table of Content |
|---|
| 1. facts regarding insurance claim dispute (Para 1 , 2) |
| 2. arguments from both the insurer and the respondent (Para 3 , 7 , 8) |
| 3. observations related to decision-making process (Para 4 , 9 , 10 , 11 , 12) |
| 4. legal standards for acceptance and communication of insurance proposals (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. principles of good faith and prompt communication in insurance law (Para 21 , 22 , 23 , 24 , 25) |
| 6. final decision to dismiss the writ petition (Para 26) |
JUDGMENT :
MOHAMMED NIAS C.P., J.
1. The writ petition is filed by HDFC Life Insurance Company Limited, challenging the award dated 07.11.2024 passed by the Insurance Ombudsman, Ernakulam, on a complaint preferred by the respondent herein. The petitioner is hereinafter referred to as ‘the insurer’ and the late husband of the respondent is hereinafter referred to as ‘the insured’ for brevity.
2. The brief facts necessary for disposal of the writ petition are as follows:-
The Insured (husband of the respondent) died on 11.04.2021 due to COVID-19. He availed a housing loan to the tune of Rs. 1,73,00,000/- in November 2018 from HDFC Bank. To secure the aforementioned loan, he had taken two life insurance p
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