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    <title>2018 (5) TMI 327 - Supreme Court</title>
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    <description>An insurance policy arbitration clause was construed strictly and held to permit arbitration only where liability was admitted and the dispute concerned quantum. Because the insurer repudiated the claim and denied liability under the policy, the clause expressly barred reference to arbitration. The repudiation was not a mere dispute over quantification but a refusal of the claim altogether, so the insured&#039;s remedy lay in a civil suit. The view that the clause was internally inconsistent was rejected, and the appointment of an arbitrator was held unjustified. The order appointing the arbitrator was set aside.</description>
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    <pubDate>Wed, 02 May 2018 00:00:00 +0530</pubDate>
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      <title>2018 (5) TMI 327 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=359763</link>
      <description>An insurance policy arbitration clause was construed strictly and held to permit arbitration only where liability was admitted and the dispute concerned quantum. Because the insurer repudiated the claim and denied liability under the policy, the clause expressly barred reference to arbitration. The repudiation was not a mere dispute over quantification but a refusal of the claim altogether, so the insured&#039;s remedy lay in a civil suit. The view that the clause was internally inconsistent was rejected, and the appointment of an arbitrator was held unjustified. The order appointing the arbitrator was set aside.</description>
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      <pubDate>Wed, 02 May 2018 00:00:00 +0530</pubDate>
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