Consensual Relationship That Later Turns Sour Is Not Rape: Andhra Pradesh High Court Grants Bail in Breach of Promise Case Double Presumption of Innocence Applies; No Interference Unless Trial Court Judgment Is Perverse: Allahabad High Court in Murder Appeal Under BNSS A Single Act of Corruption Warrants Dismissal – 32 Years of Service Offers No Immunity: Punjab & Haryana High Court Upholds ASI’s Removal Suit Against Trustee Without Charity Commissioner’s Consent Is Statutorily Barred: Bombay High Court Inherent Power Under Section 528 BNSS Not a Substitute for Article 226 When FIR Is Under Challenge Without Chargesheet or Cognizance Order: Allahabad High Court Possession Without Title Is Legally Insubstantial: Gujarat HC Dismisses Appeal By Dairy Cooperative Over Void Land Transfer You Can Prosecute a Former Director, But You Can’t Force Him to Represent the Company: Calcutta High Court Lays Down Clear Limits on Corporate Representation in PMLA Cases Conviction Cannot Rest on Tainted Testimony of Injured Witnesses in Isolation: Bombay High Court Acquits Five in Murder Case One Attesting Witness is Sufficient if He Proves Execution and Attestation of Will as Required by Law: AP High Court Land Acquisition | Delay Cannot Defeat Just Compensation: P&H High Court Grants Enhanced Compensation Despite 12-Year Delay in Review Petitions by Landowners Allegations Implausible, Motivated by Malice: Kerala High Court Quashes Rape Case After Finding Abuse Claims a Counterblast to Civil Dispute Adoptions Under Hindu Law Need No Approval from District Magistrate: Madras High Court Declares Administrative Rejection of Adoptive Birth Certificate as Illegal

Duty of Full Disclosure Requires that No Information of Substance or of Interest to the Insurer be Omitted or Concealed: NCDRC Overturns State Commission’s Ruling on Insurance Claim

07 May 2024 8:19 AM

By: Admin


In a pivotal decision, the National Consumer Disputes Redressal Commission (NCDRC) has set aside the Karnataka State Consumer Commission’s order compelling Aviva Life Insurance Co. India Ltd. To pay ₹30,00,000 along with interest for a claim previously dismissed due to non-disclosure of a pre-existing condition.

The appeal was centered on the fundamental insurance principle of ‘Uberrima Fides’ (utmost good faith), which obligates full and honest disclosure of all relevant facts by the insured at the time of policy inception.

The deceased, insured under a policy by Aviva Life Insurance, had concealed his ongoing treatment for Chronic Kidney Disease and hemodialysis at the time of applying for the insurance. The State Commission had initially ruled in favor of the complainant, directing the insurance company to pay the policy sum and interest, despite the insurance company’s argument of breach of the duty of disclosure.

The NCDRC thoroughly reviewed legal precedents and the obligations of the insured under the doctrine of utmost good faith. The court emphasized several key rulings that supported the insurer’s position to repudiate the claim when there is material non-disclosure by the insured.

P C Chacko & Anr. Vs. Chairman, LIC of India & Ors. – Highlighted the essence of insurance contracts being contracts of utmost good faith.

Reliance Life Insurance Co. Ltd. Vs. Rekhaben Nareshbhai Rathod – Reinforced the insurer’s right to reject claims if critical information that could influence the underwriting decision is withheld.

“The investigations of the respondent have revealed facts which were admittedly not disclosed at the time of the DLA’s proposal for the policy. These have not been controverted by the appellant.”

The NCDRC concluded that the insured’s failure to disclose crucial health information breached the contract’s trust, warranting the repudiation of the claim. Thus, the appeal by Aviva Life Insurance was allowed, reversing the State Commission’s earlier order.

Date of Decision: 8th April 2024

AVIVA LIFE INSURANCE CO. INDIA LTD. VS KARIYAPPA

Latest Legal News