Cannot Burden Insurer To Follow Up An Inadequate Disclosure Of Material Facts By The Insured: SC [Read Judgment]

Ashok Kini

18 Jun 2019 6:26 PM IST

"The burden cannot be cast upon the insurer to follow up on an inadequate disclosure by conducting a line of enquiry with the previous insurer in regard to the nature of the claims, if any, that were made under the earlier insurance policy."

The Supreme Court has observed that it is duty of the insured while making the proposal to make a clear and specific disclosure of material facts and that the insurer cannot be burdened to follow up an inadequate disclosure.As per the relevant policy in this case (Oriental Insurance Company Ltd. vs. Mahendra Construction), the details of claims lodged during the preceding three years...

Cannot Burden Insurer To Follow Up An Inadequate Disclosure Of Material Facts By The Insured: SC [Read Judgment]

Ashok Kini

"The burden cannot be cast upon the insurer to follow up on an inadequate disclosure by conducting a line of enquiry with the previous insurer in regard to the nature of the claims, if any, that were made under the earlier insurance policy."

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