https://www.taxtmi.com/caselaws?id=296443 A life insurance policy may be avoided after two years only if the insurer proves that the insured knowingly and fraudulently suppressed a material fact. On the facts, the insured had recently received treatment for serious ailments, yet gave negative answers to questions about prior illness and medical treatment, so the concealment was held material and fraudulent. Prior examinations by doctors engaged by the insurer did not amount to waiver or estop the insurer, because they did not establish full knowledge of the concealed condition. A claimant deriving title from the fraudulent policy was also denied restitution, as sections 64 and 65 of the Contract Act do not assist a party relying on fraud. en-us Mon, 15 Jan 1962 00:00:00 +0530 Wed, 21 Jul 2021 14:56:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296443 A life insurance policy may be avoided after two years only if the insurer proves that the insured knowingly and fraudulently suppressed a material fact. On the facts, the insured had recently received treatment for serious ailments, yet gave negative answers to questions about prior illness and medical treatment, so the concealment was held material and fraudulent. Prior examinations by doctors engaged by the insurer did not amount to waiver or estop the insurer, because they did not establish full knowledge of the concealed condition. A claimant deriving title from the fraudulent policy was also denied restitution, as sections 64 and 65 of the Contract Act do not assist a party relying on fraud. Case-Laws Service Tax Mon, 15 Jan 1962 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296443