https://www.taxtmi.com/caselaws?id=379010 In life insurance, where the proposal form specifically asks for existing cover and pending proposals, suppression of a prior policy is material non-disclosure and can justify repudiation within two years of commencement. The duty of utmost good faith requires accurate disclosure of facts affecting underwriting and the insurer's decision to accept the risk and on what terms. Section 45 of the Insurance Act, 1938, did not bar repudiation because the claim was repudiated within two years, so the stricter post-two-year requirements were inapplicable. A proposer remains bound by the contents of the signed proposal form, and ignorance of its terms does not excuse false disclosure. en-us Wed, 24 Apr 2019 00:00:00 +0530 Thu, 03 Jul 2025 18:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=379010 In life insurance, where the proposal form specifically asks for existing cover and pending proposals, suppression of a prior policy is material non-disclosure and can justify repudiation within two years of commencement. The duty of utmost good faith requires accurate disclosure of facts affecting underwriting and the insurer's decision to accept the risk and on what terms. Section 45 of the Insurance Act, 1938, did not bar repudiation because the claim was repudiated within two years, so the stricter post-two-year requirements were inapplicable. A proposer remains bound by the contents of the signed proposal form, and ignorance of its terms does not excuse false disclosure. Case-Laws Indian Laws Wed, 24 Apr 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=379010