Thursday, March 23, 2023

Insurance 1

 Kindly refer case law [2023] GCtR 638 : - 


Here, the claim was related to marine insurance. Mere issuance of a repudiation letter by quoting some reasons or violations of terms and conditions of policy will not sustain in legal proceedings, if ultimately the repudiation letter was issued without understanding the legal aspects of the claim. When the insurance company wishes to raise the argument of breach of warranties to repudiate an insurance claim, then complete understanding of insurance policy would do no harm and a half- baked understanding of warranties of insurance policies can be quashed in legal proceedings. 

Here, the learning lesson was that when the claim was payable, but it was repudiated on some reasons which were not supported by any thorough understanding of law, then insurance company cannot avoid making payment of the claimed amount with interest. 







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