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2026 Supreme(Online)(Ker) 16155

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
KUMUD M PAREKH – Appellant
Versus
THE INSURANCE OMBUDSMAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.P.JACOB, SHRI.JOHANS JACOB P.
For the Respondents: SRI.GEORGE A.CHERIAN, SMT.LATHA SUSAN CHERIAN

Table of Content
1. claim denial was based on alleged pre-existing conditions. (Para 1 , 2 , 3)
2. issues of medical history disclosure and policy qualifications were examined. (Para 4 , 5 , 6 , 7 , 8 , 9)
3. court emphasized proper evaluation of pre-existing conditions under policy. (Para 10 , 11 , 12 , 13)

JUDGMENT

(Dated this the 10th day of March 2026)

Late Mahendra Singh Laxmidas Parekh had bought an overseas Mediclaim policy from the 2nd respondent for the period from 14.2.2022 to 14.5.2022 for a sum of $50,000/- to cover accident and hospitalisation expenses during his stay overseas. The insured was hospitalised due to pulmonary oedema at Mediclinic Park View Hospital Dubai on 4.5.2022. The claim submitted by the petitioner for the expenses he met in the hospital was rejected by the 2nd respondent Insurance company. Against the rejection, the petitioner approached the 1st respondent by filing a complaint.

2. The 1st respondent, after giving opportunity to the complainant as well as the respondent to file their versions, rejected the complainant’s claim on the ground that the claim falls under General Exclusion No.2, part B of the policy. The petitioner has filed this Writ Petitio

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