Laws laid down by supreme court
WHAT IS NON-DISCLOSURE OF MATERIAL FACT IN INSURANCE MATTERS
WHAT
IS NON-DISCLOSURE OF MATERIAL FACT IN INSURANCE MATTERS
The
term Non-disclosure of material fact has not been defined in Insrance Act
Insurance companies were rejecting the claims of the consumers on the plea of
Pre Existing –disease every now and then
Supreme
court have made drastic judgement on the consumer issues which certainly make
law. Insurance companies were rejecting the claims of the consumers on the plea
of Pre Existing –disease in almost every case which means claimant had
not disclosed the ailment he was having at the time of filling up the
prescribed form. Defining Pre-existing disease in insurance matter
in the matter of Asha Rani Goyal v Life
Insurance Corporation .in the year 2000, three
criteria were set up for coming to the conclusion that the claimant had disease
pre-existing as hereunder:
1)
One must have concealed the fact
2
)The fact so concealed should be of such importance that could affect the
policy co. to take decision whether to issue policy or not.
3)
The person so insured must be aware of that particular disease
And
now unless it is proved that claimant was aware of the particular disease and
had taken medicine or consultation for that particular disease ,his claim
cannot be rejected marely due to such symptoms.
By
Dr Prem Lata
Ex Member Consumer Forum
Ref.
Asha Rani Goyal v Life Insurance Corporation .in the year 2000,SC
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