well
as the Exclusion Clause 4.1 since it was a pre-existing disease. Since, the insuree did not have any
pre-existing disease nor were ... therefore, pre-existing.
Further, it is settled law that the onus to prove that the insuree had a
pre-existing disease was on the Respondent
policy did not define the terms “preexisting disease,” “pre
existing ailment,” “preexisting condition”, “disease” or “illness.” That
query number 2 of part ... preexisting illness, and on such satisfaction it has
issued the policy, it cannot thereafter, contend that
there was a possible preexisting illness
were bound to prove that insured was suffering from pre-existing
disease before taking policy and he deliberately made the false statement with
intention ... Respondent to indicate that any such disease existed and that it was,
therefore, pre-existing disease was on the Respondent which as stated above
approached the opposite party for reimbursement, repudiated on
the ground of pre-existing disease, which is branded by him as deficiency in
service ... giving
proposal, as well as he had taken treatment for pre-existing disease, which are
not covered under the policy, and therefore the non-settlement
existing disease introduced a possibility of death having occurred as a natural consequence of the disease and that so long as such a possibility existed ... there was a pre-existing disease, the disease was not the only cause of death and that where the pre-existing condition was there
policies on the ground of
pre-existing disease.
5. On
the concept, meaning and impart of word disease, pre-existing disease in
reference to medical ... existing disease while taking mediclaim
policy as after being cured of the disease, he does not suffer from any
disease much less the pre-existing
advert to the
meaning of word pre-existing. As the
word pre-existing suggests, a disease should not only be existing at the time ... existing disease while taking mediclaim policy as after being cured of
the disease, he does not suffer from any disease much less the pre-existing
perfect good health profile, insurability with no physical impairment
and pre-existing disease/illness, except those mentioned in the
Proposal Form. He was not afflicted ... illegal, as the insured was not suffering from any pre-existing disease
at the time of taking the policy. The opposite parties violated the
guidelines
documents are obtained by investigator
during investigation about his aforesaid pre-existing disease and diagnosis.
However, the life assured supplied false information ... document to prove that the
deceased life assured had pre-existing disease and the affidavit of the
investigator, appointed
documents are obtained by investigator
during investigation about his aforesaid pre-existing disease and diagnosis.
However, the life assured supplied false information ... document to prove that the
deceased life assured had pre-existing disease and the affidavit of the
investigator, appointed
