AI Overview...
- License Breach and Policy Conditions - Several cases indicate that breach of licensing conditions or policy terms (such as driving without a valid license or exceeding permissible passenger limits) does not necessarily constitute a fundamental breach that invalidates an insurance claim. In Krishna Bai VS United India Insurance Co. Ltd. - Consumer and Krishna Bai VS United India Insurance Co. Ltd. - Consumer, claims were repudiated mainly because the driver lacked a valid license or was in breach of policy terms, but courts have noted that such breaches are not always fundamental breaches causing the accident.
- Non-Standard Claims and Settlement Limits - According to New India Assurance Co. Ltd. VS Brilla Transport - Consumer, breaches related to warranty, conditions, or use limitations are categorized as non-standard claims, with settlement limits up to 75% of admissible claims. The Supreme Court clarified that insureds cannot claim beyond the coverage provided by the policy.
- Insurance Company’s Burden of Proof - As discussed in Branch Manager, National Insurance Co. Ltd. VS Meena Devi - Patna, the insurer must prove breach of policy conditions, such as lack of valid license, by producing the policy and related evidence. Failure to do so can weaken the insurer’s repudiation of a claim.
- Claims and Deficiency in Service - In Hundi Lal Jain Cold Storage and Ice Factory Pvt. Ltd. VS Oriental Insurance Co. Ltd. - Consumer, the insurer's failure to settle claims based on survey reports and policy conditions was deemed a deficiency in service under consumer protection laws, emphasizing the insurer's obligation to process claims fairly within policy limits.
- Breach of Policy Conditions and Public Order - Cases like RADHEYSHYAM MAURYA VS STATE OF U. P. - Allahabad and Nitesh @ Nittu VS State of M. P. - Madhya Pradesh highlight that breaches such as threats or violations affecting public order can lead to legal action or restrictions, but minor breaches or threats may not always justify denial of claims or license revocation unless they threaten public peace.
- License Seizure and Police Powers - In KRISHAN LAL SURI VS LIEUTENANT GOVERNOR UNION TERRITORY OF DELHI - Delhi, the police's seizure of licenses for non-production was upheld, but the legal authority depends on breach of conditions and proper procedures; physical seizure without proper grounds can be challenged.
Analysis and Conclusion:
Overall, breach of license or policy conditions does not automatically amount to a fundamental breach that invalidates an insurance claim or leads to license revocation. Courts distinguish between minor or non-fundamental breaches and those that fundamentally undermine the policy’s purpose. Insurers bear the burden of proof to establish breach, and their failure to do so can result in claims being honored despite minor violations. Public order violations or threats are treated seriously but require substantial evidence to justify legal actions. Proper procedural adherence by authorities is essential in licensing matters.
Search Results for "No Lisance Breach of Policy"
• India - Consumer
V.K.AGRAWAL, R.S.AWASTHI
of term of policy did not appear to be fundamental breach and cause of accident - Driver had licence to drive light motor vehicle ... of terms of policy and driver was' not having valid and effective driving licence - Dist. ... claim - Jeep comprehensively insured met with accident and was damaged - Claim repudiated on ground that vehicle was being plied in breach ... So far as breach of terms of policy by carrying passengers over and above the permissible limit is concerned, the same ....
• India - Consumer
V.K.AGRAWAL, R.S.AWASTHI
of term of policy did not appear to be fundamental breach and cause of accident — Driver had licence to drive light motor vehicle ... of terms of policy and driver was not having valid and effective driving licence — Dist. ... claim — Jeep comprehensively insured met with accident and was damaged — Claim repudiated on ground that vehicle was being plied in breach ... So far as breach of terms of policy by carrying passengers over and above the permissi-ble limit is concerned, the same ....
• India - Consumer
A.RAMAN, R.VANAROJA
Any breach of warranty or condi-tion of policy including limitation as to its use would come under the category of non-standard claim ... Any breach of warranty or condi-tion of policy including limitation as to its use would come under the category of non-standard claim and the percentage of settlement will be upto 75% of the admissible claim. ... The Supreme Court of India has held in AIR 1999 Supreme Court 32521 that the insured cannot claim anything more than what is covered by the insurance policy....
2008 0 Supreme(Pat) 1518 • India - Patna
SUBASH CHANDRA JHA
under the tractor and died on the spot-It is the burden of Insurance Company to prove that person driving vehicle had no valid lisence ... It has also been submitted that it is well settled law that the Insurance Company will have to prove breach of policy condition by producing the policy. ... 13. ... Besides, the Insurance Company did not file copy of the Insurance Policy in the Tribunal so as to show that there was violation of the condition of Policy, although, claimants mentioned....
• India - Consumer
RAJYALAKSHMI RAO, M.B.SHAH
to insured which itself amounted to deficiency in service and it could not press its contention that insured committed breach of ... Consumer Protection Act, 1986 — Section 21 — Claim under Insurance policy — Policies taken covering perils for the cold storage, ... conditions of policy — It was duty of Insurance Co. to settle claim on basis of report of 1st surveyor who had submitted report ... and the relevant materials and to accept the claim of the insured unless the insured has clear evidence of the breach of a condi....
2003 0 Supreme(UK) 312 • India - Uttarakhand
IRSHAD HUSSAIN
These appellants were then taken to the hospital for medical examination and a report was also lodged with the police. ... ... ( 28 ) LET the record of the case be sent to the Court concerned for comp-liance. The compliance report is submit-ted within one month. Appeal allowed partly. ... --- *** --- ... . ... ... In a situation like this it was not unusual for the relations of both the deceased Karam Singh and the appellants Nanhe and Pooran to reach there at the plot on hearing the noise and in a mayhem the relations of the victim K....
• India - Crimes
IRSHAD HUSSAIN
These appellants were then taken to the hospital for medical examination and a report was also lodged with the police. 6. ... Let the record of the case be sent to the Court concerned for comp-liance. The compliance report is submit-ted within one month. Appeal allowed partly. 1. 1954 S.C.R. 145 (Relied). ... In a situation like this it was not unusual for the relations of both the deceased Karam Singh and the appellants Nanhe and Pooran to reach there at the plot on hearing the noise and in a mayhem the relations of the victim Karam Si....
2012 0 Supreme(All) 1292 • India - Allahabad
SUNITA AGARWAL
Learned Standing Counsel submits that petitioner is a hardcore criminal and there is every apprehension of breach of public peace and such person cannot be allowed to retain the firearms. ... Police Station Cantt. ... The Senior Superintendent of Police, Lucknow has sent his report dated 13.3.2009 to the District Magistrate, Mau, along with report of Incharge Police station Cantt., Lucknow on 5-3.2009. The said reports have been annexed along with counter-affi#31;davit. ... Criminal cases No. 55/08, 56/08 and 75/08 were ....
2019 0 Supreme(MP) 86 • India - Madhya Pradesh
HULUVADI G.RAMESH, B.K.SHRIVASTAVA
Commissioner of Police Nagpur (1993) 3 SCC 384) it was held that even a solitary threat can be sufficient to cause disturbance and breach of public order. ... 7. ... In absence thereto, noncomp-liance of sub-section (5) of section 3 also appears on the fac e of record." ... 9. ... It is also contended that the District Magistrate failed to appreciate that on recommendation of Superintendent of Police the petitioner is facing prosecution in eight cases which are pending for consideration and out of eight cases, three ca....
1972 0 Supreme(Del) 54 • India - Delhi
D.K.KAPUR
The petitioner failed to produce the licences promptly, and the police seized them. ... ARMS ACT, 1919 - ARMS LICENCE - SEIZURE - POWER OF POLICE - PRODUCTION OF LICENCE - PUNJAB WILD BIRDS AND WILD ANIMALS PROTECTION ... Whether the police had the power to seize the petitioner's arms licence and shooting licence for non-production? 2. ... If it is satisfied that there has been a breach of certain conditions it could also revoke the licence, but to take physical possession of the licence byforce or by the exercise of #HL....
Filter by Legal Phrase
