complainant
had suppressed the ailments suffered by him at the time of taking policy. In
fact, there was suppression of material facts only ... resort to
suppressio veri/suppression of truth. In the case on hand, since the insured
had suppressed the material facts about his medical history which
material
(sic material fact) must be disclosed, otherwise, there is good
ground for rescission of the contract. The duty to disclose material
facts continues right ... material
(sic material fact) must be disclosed, otherwise, there is good
ground for rescission of the contract. The duty to disclose material
facts continues right
material (sic material fact)
18
must be disclosed, otherwise, there is good ground for rescission of
the contract. The duty to disclose material facts continues ... herewith as Annexure OP-7.
10. That suppression of actual health condition amounted to suppression
of material facts and hence the Contract of insurance (policy
filling up the proposal
form. Therefore, the DLA was guilty of suppressing material
particulars regarding his health, which should have been disclosed ... would be
safe to conclude that the DLA was guilty of suppressing material
facts with regard to his pre-existing diseases as he was suffering
that the
statement made by the insured was misleading and had suppressed the
material facts. But as per Section 45 , opposite party is required ... fulfill the requirements of Section 45 by
producing the evidences of suppression of material fact by the insured.
Therefore there is deficiency of service
case, deceased life
assured committed a breach of this principle and suppressed material information that he had
undergone surgery and was suffering from dry gangrene ... suppression of facts.
Considering all these aspects we are of the opinion that complainant was not entitle to claim
policy amount for suppression of material
dated 15.12.2016, repudiated the claim by stating that
the deceased has suppressed the material fact with regard to his
health which is, the deceased ... Case Sheet to
prove their contention of the material suppression of the fact by
the deceased life assured regarding his health. "Mere production
Opposite
Party would not have issued policies. Since there is suppression of
material information regarding the health of the policy holder and
that ... policy can be called in
question by insurer if there is suppression of material information
and the death of the policy holder takes place within
resort to suppressio veri/suppression of truth. In the case on hand, since the insured had suppressed the material facts about her medical history which ... material (sic material fact) must be disclosed, otherwise, there is good ground for rescission of the contract. The duty to disclose material facts continues right
marked "NO" and thus knowingly and fraudulently
suppressed material facts. It is submitted that the opponents would
not have issued the policy ... material or not
as it follows the test if materiality that prudent insurer
would have considered that any particular circumstances was
a material fact
