Insurance Companies Must Deal In A Bonafide & Fair Manner ;

Insurance Companies Must Deal In A Bonafide & Fair Manner ; Should Not Just Care For Its Own Profits : Supreme Court

Insurance Companies Must Deal In A Bonafide & Fair Manner ; Should Not Just Care For Its Own Profits : Supreme Court

The Supreme Court observed that an insurance is expected to deal with the insured in a bonafide and fair manner and should not just care for and cater to its own profits.

It is the duty of the insurance company to disclose all material facts within their knowledge since the obligation of good faith applies to both equally, the bench of Justices AS Bopanna and Sanjay Kumar observed.

In this case, the complainant, who had undertaken prawn cultivation in an extent of 100 acres, had obtained insurance coverage from an Insurance Company. There was a major outbreak of a bacterial disease called ‘White Spot Disease’ along the east coast of Andhra Pradesh, which led to mass mortality of prawns. He invoked the policy but the Insurance company repudiated the appellant’s claim in its entirety, on the ground that there was a breach by the complainant of the policy conditions, inasmuch as records were not maintained properly and accurately. NCDRC, disposing his complaint, assessed his total loss as ₹30,69,486.80. Dissatisfied with this order, the complainant approached the Apex Court.

At the outset, the court noted that that uberrima fides, i.e., good faith, is the requirement in a contract of insurance.

“It it is the fundamental principle of insurance law that utmost good faith must be observed by the contracting parties; that good faith forbids either party from non-disclosure of the facts which the party knows; and that the insured has a duty to disclose and similarly it is the duty of the insurance company to disclose all material facts within their knowledge since the obligation of good faith applies to both equally. This obligation and duty would rest on both parties not only at the inception of the contract of insurance but throughout its existence and even thereafter.”

 

The bench noted that the insurance company baldly brushed aside the Death Certificate dated 01.05.1995 furnished by the officials of the State Fisheries Department at Visakhapatnam.

“Merely because the contents thereof were not to its liking, the insurance company could not have ignored the same and swept it under the carpet. More so, as such certification was being made by impartial and independent bodies of significant stature and that, perhaps, was precisely the reason why the insurance company had attached such importance to it in its norms. In any event, it is not open to an insurance company to ignore or fail to act upon a certificate or document that it had itself called for from independent and impartial authorities, subject to just exceptions, merely because it is averse to it or to its detriment. Having undertaken to indemnify an insured against possible loss in specified situations, an insurance company is expected to make good on its promise in a bonafide and fair manner and not just care for and cater to its own profits

 

Allowing the appeal, the court ordered that a sum of ₹45,18,263.20 shall be remitted by the insurance company to the appellant, with simple interest thereon @ 10% from the date of the complaint till the date of realization, within six weeks.

Isnar Aqua Farms vs United India Insurance Co. Ltd

Insurance Law – Uberrima fides, i.e., good faith, is the requirement in a contract of insurance – It is not open to an insurance company to ignore or fail to act upon a certificate or document that it had itself called for from independent and impartial authorities, subject to just exceptions, merely because it is averse to it or to its detriment. Having undertaken to indemnify an insured against possible loss in specified situations, an insurance company is expected to make good on its promise in a bonafide and fair manner and not just care for and cater to its own profit – It is the fundamental principle of insurance law that utmost good faith must be observed by the contracting parties; that good faith forbids either party from non-disclosure of the facts which the party knows; and that the insured has a duty to disclose and similarly it is the duty of the insurance company to disclose all material facts within their knowledge since the obligation of good faith applies to both equally. This obligation and duty would rest on both parties not only at the inception of the contract of insurance but throughout its existence and even thereafter. (Para 12-13)

Source

Latest News Latest Supreme Court
Search Here

Latest Posts

Card image

"Why Are You Being So Patriarchal?" : Supreme Court Asks Centre Over Denial Of Permanent Commission To Woman Coast Guard Officer

The Supreme Court on Monday (February 19) pulled up the Central Government over the denial of Permanent Commission for women officers in the Indian Coast Guard (ICG).  The bench led by Chief Justice of India DY Chandrachud,  hearing a plea of ...

Card image

Supreme Court Refuses To Interfere With HC Order Allowing Delhi University To Use CLAT Score For 5 Yr LLB Admissions In 2023-24

The Supreme Court on Monday(September 25) refused to interfere with the interim order passed by the Delhi High Court allowing the University of Delhi to admit students in the 5 year LL.B course of its Faculty of Law on the ...

Card image

2020 Delhi Riots: SC Dismisses Delhi Police’s Pleas Against HC Verdicts Granting Bail To Three Student Activists

The Supreme Court on Tuesday dismissed the pleas filed by the Delhi Police against the bail granted to three student activists in the 2020 North East Delhi riots case. A bench of Justices S K Kaul and A Amanullah passed the order ...

Card image

𝐖𝐡𝐲 𝐋𝐞𝐠𝐚𝐥 𝐃𝐮𝐞 𝐃𝐢𝐥𝐢𝐠𝐞𝐧𝐜𝐞 𝐢𝐬 𝐂𝐫𝐮𝐜𝐢𝐚𝐥 𝐁𝐞𝐟𝐨𝐫𝐞 𝐀𝐧𝐲 𝐁𝐮𝐬𝐢𝐧𝐞𝐬𝐬 𝐌𝐞𝐫𝐠𝐞𝐫

Why Legal Due Diligence is Crucial Before Any Business Merger 📢 Planning a merger or acquisition? Don’t skip legal due diligence—it can make or break the deal! Here’s why: 🔎 What is Legal Due Diligence?It’s a comprehensive review of a ...

Card image

ADR in Workplace Conflicts: A Guide for Employers and Employees

Workplace conflicts are inevitable. Whether stemming from miscommunication, differences in expectations, or interpersonal issues, they can disrupt the professional environment and affect productivity. For both employers and employees, finding a way to resolve these conflicts quickly, fairly, and cost-effectively is ...

Card image

Retired Employees Can’t Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court

The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from 55 years to 60 years at par with the teachers of other Medical Colleges.The ...

EOS Chambers of Law

Speak With Our
Experts Today!

Get a Appointment
EOS Chambers of Law