Insurer can't repudiate claim by citing existing medical condition: Supreme Court
The Hindu
The top court was hearing an appeal filed against an order of the National Consumer Disputes Redressal Commission, rejecting his plea seeking a claim for medical expenses incurred in the United States
An insurer cannot repudiate a claim by citing an existing medical condition that was disclosed by the insured in the proposal form, once the policy has been issued, the Supreme Court has said.
A bench of justices DY Chandrachud and BV Nagarathna also said a proposer is under a duty to disclose to the insurer all material facts within his knowledge.
The proposer is presumed to know all the facts and circumstances concerning the proposed insurance, it added.
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