Search Results for Tag : insurer
Blast from the Past
Insurers cannot be excluded from proceedings on non-statutory grounds(11.05.1959)
In 1959 the Supreme Court answered the question – can a motor vehicle insurer escape being arrayed as a defendant on grounds not mentioned in statute .....
Tags : Motor vehicles act, 1939, insurer, exclusion
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International Cases
Fraudulent claims rule does not defeat a claim wholly good in law, even if a lie is told in support of it(20.07.2016)
Duty of utmost good faith applied not only in making of contract but in course of its performance. In facts of present case, insurance claim was relat.....
Tags : Fraudulent claims rule, Applicability, Insurer’s Liability
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“Deliberate acts” in Clause 14 of the policy includes acts which are intended to cause injury(23.04.2021)
On 9 August 2013, Craig Grant was killed as a result of an assault on him by Jonas Marcius, a door steward employed by the Prospect Security Ltd ("Pro.....
Tags : Insurer, Liability, Damages
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Judgments
Where there is an exclusionary Clause in an insurance policy, burden lies on insurer to establish that exclusion is attracted(07.12.2018)
Present appeals arise from a judgment of a Division Bench of the High Court. The High Court has affirmed the decision of the Commission by which an in.....
Tags : Insurer, Liability, Exemption
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Unless licence is demonstrably invalid, burden is upon insurer to prove failure on part of vehicle owner(30.10.2023)
IFFCO Tokio General Insurance Co. Ltd. seeks to assail the order of the Delhi High Court thereby, the High Court reversed the Award dated 6th July, 20.....
Tags : Compensation, Insurer, Right to recover
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Breach of terms and conditions of motor vehicle insurance policy need not be considered at hearing for interim compensation(20.08.2015)
An insurer can plead an insurance contract to not be binding upon it at the final hearing to recover interim compensation from the driver/owner of the.....
Tags : Motor, interim compensation, insurer, privity
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News
ITAT, Mumbai: No TDS on Payments to Foreign Insurers, Rules(29.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that any payment prepared by the assessee company to such foreign insurers would not be chargeable .....
Tags : Income Tax Appellate Tribunal, Section 195(1), Income Tax Act, 1961, foreign insurers
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Madras HC Allows Compromise Between Private Insurer & Claimants(06.05.2020)
Madras High Court has passed an order allowing private insurer, Cholamandalam MS General Insurance to execute transfer of 23 different Motor Accident .....
Tags : Madras High Court, Compromise Between Private Insurer & Claimants
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Kar. HC: Insurer Liable to Compensate Spare Driver if Only One Claim Made(31.08.2022)
Karnataka High Court has held that the insurer is liable to pay compensation of spare driver under Motor Vehicles Act, if there is only one claim unde.....
Tags : Karnataka High Court, Compensation, Insurer, Spare Driver
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J&K HC: Fake or Invalid Driving Licenses Not Valid Defenses to Avoid Liability of Insurer(08.09.2020)
Jammu and Kashmir High Court has observed that mere absence, fake or invalid driving license or disqualification of the driver to drive at the relevan.....
Tags : Jammu and Kashmir High Court, Defense Available to Insurer
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Compat Reduces Penalty to Rs 2 cr in a Major Relief to State Insurers(12.12.2016)
In a major relief to four state- run insurers namely National Insurance, New India Assurance, Oriental Insurance and United India Insurance Competitio.....
Tags : Compat, Penalty, State Insurers
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Notifications & Circulars
Modifications permitted to withdrawn Products of Life Insurers(31.08.2023)
1. This circular is issued in exercise of powers conferred by Section 14 (2) (e) of the Insurance Regulatory and Development Authority Act, 1999.
<.....
Tags : Modifications, Withdrawn Products, Life Insurers
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Kerala HC: Insurer Liable to Third Party Even if Driver was Drunk(01.02.2023)
Kerala High Court has held that when driver is drunk, certainly, his consciousness and senses will be impaired so as to render him unfit to drive, but.....
Tags : Kerala High Court, Third Party, Compensation, Insurer
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Supreme Court: Delay in Notifying Insurer About Car Theft, No Grounds to Deny Claim(27.01.2020)
Supreme Court has said that mere delay in intimating the Insurance Company about the theft of a vehicle should not be a ground to deny insurance claim.....
Tags : Supreme Court, Insurance Claim on Car Theft, Delay in Notifying Insurer
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SC: Claimant's Cross Objection Maintainable in Insurer's Appeal Against Award(31.01.2020)
Supreme Court has held that claimant in a motor accident compensation case can file cross-objections in an appeal filed by the insurer against the awa.....
Tags : Supreme Court, Cross Objection in Insurer's Appeal Against Award
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Kar. HC: Motor Accident Claimant has Right to Claim Payment from Insurer of the Offending Vehicle(05.01.2024)
Karnataka High Court has held that if the total amount of payment for motor accident has not been paid by the claimant’s insurer then he will have eve.....
Tags : Karnataka High Court, Motor Accident, Offending Vehicle, Insurer
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AP HC: Compensation Can’t be Increased in an Appeal for Reduction of Compensation by Owner/Insurer(22.03.2024)
Andhra Pradesh High Court has held that the High Court cannot increase the compensation in an appeal by the owner/insurer for reducing the compensatio.....
Tags : Andhra Pradesh High Court, Compensation, Insurer
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Facilitation by the Insurers for cashless services at network hospitals(22.04.2021)
1. It has been brought to the notice of the Authority that some hospitals are denying cashless facility to policyholders for treatment of COVID-19 tre.....
Tags : Insurers, Cashless services, Network hospitals
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