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    <title>2018 (8) TMI 1469 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=365997</link>
    <description>An insurance policy arbitration clause limited to disputes over quantum, once liability was admitted, did not cover a complete repudiation of the claim. The SC held that where the insurer denied liability in toto, the clause was inapplicable because it was expressly conditional on admitted liability and excluded disputes where liability was not accepted under the policy. The insurer&#039;s communication amounting to full repudiation therefore took the matter outside the arbitration agreement, leaving the insured to pursue a civil suit. The petition for appointment of an arbitrator ought to have been rejected.</description>
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    <pubDate>Tue, 21 Aug 2018 00:00:00 +0530</pubDate>
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      <title>2018 (8) TMI 1469 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=365997</link>
      <description>An insurance policy arbitration clause limited to disputes over quantum, once liability was admitted, did not cover a complete repudiation of the claim. The SC held that where the insurer denied liability in toto, the clause was inapplicable because it was expressly conditional on admitted liability and excluded disputes where liability was not accepted under the policy. The insurer&#039;s communication amounting to full repudiation therefore took the matter outside the arbitration agreement, leaving the insured to pursue a civil suit. The petition for appointment of an arbitrator ought to have been rejected.</description>
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      <pubDate>Tue, 21 Aug 2018 00:00:00 +0530</pubDate>
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