unlimited or
higher liability can be imposed on it. The liability could
be statutory or contractual. A statutory liability cannot
be more than what ... insurer and the
insured represents a contract between the parties. Since
the insurer undertakes to compensate the loss suffered by
the insured on account
insurer from that person. (4) If the amount which an insurer becomes liable under this section to pay in respect of a liability incurred ... this section be liable under the policy in respect of that liability, the insurer shall be entitled to recover the excess from that person
bind the insurer
and insured. Thus Insurance policy can incorporate several
other terms agreed to between the insurer and the insured.
The insurance policy, though ... part of the
insurer to indemnify the insured. Therefore, even though
the insurer has issued a certificate of insurance, covering
the liability, it is open
Insurer. If the Insurer is able
to establish the willful breach of the terms of the policy, the
Insurer can successfully avoid its liability towards ... third parties. To avoid its liability
towards insured, the insurer has to prove that the
insured was guilty of negligence and failed to exercise
reasonable
insurer's liability, it may have been
possible to accept the submission that the total liability
of the insurer arising out of the incident ... liability of the insured and
therefore the insurer's indemnity includes the liability of
the aforesaid description under the Act of 1923. But that
person, but - (a) if the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing ... liability of the insurer to the insured person is less than the liability of the insured person to the third party, nothing in this Chapter
wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in any law for the time being ... under any greater liability to the employee than they would have been under the employer. (2) If the liability of the insurers to the employee
insurer to indemnify the petitioner was
limited to Rs.5,000 as the policy specifically limited the
insurer's liability to what had been ... insurer to indemnify the petitioner was limited to Rs.5,000
as the policy specifically limited the insurer's
1153
liability to what
avoid their liability for payment of compensation to third party victims or to avoid their liability to the insured, when the insurance companies, prove ... liability of the insurer."
15. On the question as to whether the insurer can avoid its liability in the event if it raises
extent of indemnification of the insured against a third person. If the insured can be fastened with any liability the Insurer is liable to indemnify ... insured simply because the insured happens to be the recipient. In a simple analogy, had there been any other legal heir apart from the insured
