STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ICICI Lombard Gen Ins Co.Ltd – Appellant
Versus
Jagrut Nagarik - P V Moorjani – Respondent
How to determine whether COVID-19–related death falls within "Major Medical Illness and Procedure" coverage under the policy? What is the interpretation of "Acute Cardio Respiratory Arrest" and its relation to heart attack/myocardial infarction within the policy terms? What are the rights of the insured or complainant when an insurer repudiates a claim citing lack of covered major medical illness?
Key Points: - The appellate court upheld the District Commission’s conclusion that the claim for COVID-19–related death falls within the policy coverage, as discussed in para 13, 27, 28, and 49. (!) (!) - The policy provides a list of Major Medical Illness and Procedures, including "First Heart Attack" and certain conditions, with COVID-19 not explicitly listed; the District Commission linked COVID-19 illness to cardiac events in its reasoning. (!) (!) (!) - Insurance company repudiated the claim citing absence of Major Medical Illness as defined in the policy; this was deemed deficient by the District Commission and affirmed on appeal. (!) (!) - The respondent argued that death certificate shows Acute Cardio Respiratory Arrest caused by COVID-19, which is connected to the insured’s death and should be covered under the policy terms. (!) (!) (!) - The Appellant relied on medical literature to distinguish between heart conditions and COVID-19–related death but the court found the District Commission’s interpretation reasonable. (!) (!) - The appeal is dismissed and the District Commission’s order confirming liability and directing payment is upheld. (!) (!) - The policy terms and specific coverage (Major Medical Illness & Procedure) are laid out in the policy schedule, including items under "First Heart Attack" and other illnesses; the interpretation of these terms is central to the dispute. (!) - The court noted the definitions of COVID-19, cardiac arrest, myocardial infarction, respiratory arrest, and heart attack to interpret the cause of death in context. (!) (!) (!) (!) (!) (!) - The order includes directions regarding cost, deposit verification, and transmission of copies to involved parties. (!)
IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION GUJARAT STATE COURT NO.2 First Appeal no.103 of 2023
Details
DD MM YYYY
Date of Judgment
26
10
2023
Date of filing
07
10
2022
Duration
19
00
01
1. ICICI Lombard Gen. Insurance Co. Ltd.
2nd Floor, 204,205,206 Golden Icon, Bird Circle, Opp: BSNL, Vadodara – 390007 …Appellant VS
1. Jagrut Nagrik (A voluntary Consumer Association)
through its Managing Trustee -P.V.Moorjani Opp: LBS Vidyalaya, Nr. Prerna School, Sangam, Karelibaug, Vadodara.
2. Mrs. Kajal M. Gaekwad
19, Nageshwar Society, Harni Road, Vadodara- 390 006.
3. ICICI Bank Ltd ICICI Bank Tower, Nr. Chakli Circle, Old Padra Roda, Vadodara – 390006 …Respondents APPEARANCE: Mr. N. S. Dave, Ld. Adv. for the Appellant.
Mr. P. V. Moorjani, Ld. Representative for the Respondent.
CORUM: Hon’ble Ms. Archana Raval, Presiding Member Order by Hon’ble Ms. Archana Raval, Presiding Member
1. The appellant/original Opponent no.2 has filed this appeal under section 15 of the Consumer Protection Act, being aggrieved by and dissatisfied with the order dated 07.10.2022 passes by the Ld. District Consumer Disputes Redressal Forum Vadodara (Addn.) (hereinafter referred to as “ Learned Distr
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.