Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Mediclaim Policy

Thursday, August 13, 2009
Mediclaim Policy

Mediclaim Policy — Whether the fact that at the time of taking out the mediclaim policy, the policy holder was suffering from chronic Diabetes and Renal failure was a material fact and, therefore, on account of non-disclosure of this fact in the proposal form, the respondent – Insurance Company was justified in law in repudiating the claim of the appellant? — Held, yes.  

 
Mediclaim Policy

Mediclaim Policy — A mediclaim policy is a non-life insurance policy meant to assure the policy holder in respect of certain expenses pertaining to injury, accidents or hospitalizations — Nonetheless, it is a contract of insurance falling in the category of contract uberrimae fidei, meaning a contract of utmost good faith on the part of the assured — Thus, it needs little emphasis that when an information on a specific aspect is asked for in the proposal form, an assured is under a solemn obligation to make a true and full disclosure of the information on the subject which is within his knowledge — It is not for the proposer to determine whether the information sought for is material for the purpose of the policy or not — Of course, obligation to disclose extends only to facts which are known to the applicant and not to what he ought to have known — The obligation to disclose necessarily depends upon the knowledge one possesses — His opinion of the materiality of that knowledge is of no moment.  

 
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