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Neeraj Jain vs Apollo Munich Health Insurance Co. Ltd. on 30 July, 2024 cites

M/S Modern Insulators Ltd vs The Oriental Insurance Co. Ltd on 22 February, 2000

In case titled I (2000) CPJ 1 (SC) M/s Modern Insulators Ltd. Vs Oriental Insurance Co. Ltd., it was held that it is the fundamental principle of insurance law, that utmost good faith, must be observed by Allowed PAGE 5 OF 14 FA-361/2018 NEERAJ JAIN VS. HDFC ERGO D.O.D: 30.07.2024 the contracting parties, and good faith forbids either party, from non-disclosure of the facts, which the parties knew. The insured has a duty to disclose all the facts, and similarly it was the duty of the insurance company, and its agents, to disclose all the material facts, in their knowledge, as obligation of good faith applies to both equally.
Supreme Court of India Cites 0 - Cited by 337 - Full Document

Export Credit Guarantee Corpn.,India ... vs M/S.Garg Sons International on 17 January, 2013

6. We have gone through the Section A of the Proposal Form requires that the insured has to disclose as to whether he ever suffered any of the diseases which includes kidney related illness. The complainant has indicated in the proposal form that he never ever suffered kidney related disease and this kind of mis-representation and concealment of material fact would certainly go to the root of the insurance contract and in such a situation insurance company cannot be forced to oblige the insurance policy. It is now well settled law that where parties have entered into a contract on the basis of terms and conditions, in such a situation it would be the terms and conditions which would prevail. The Hon'ble Supreme Court in case titled Export Credit Guarntee Corpn. Of India Ltd. Vs. Garg Sons International 2013 STPL (Web) 36 SC, held as under:
Supreme Court of India Cites 7 - Cited by 74 - B S Chauhan - Full Document
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