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    <title>2024 (11) TMI 1 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=761015</link>
    <description>In a life insurance dispute under the pre-amendment Section 45 regime, repudiation for alleged non-disclosure was justified only if the insurer strictly proved material suppression and fraud by cogent evidence. The insurer&#039;s reliance on incomplete, uncorroborated records and unsupported assertions failed to establish that prior policies existed in the insured&#039;s name or that any concealment was fraudulent. Proposal form questions were also held ambiguous when read as a whole, so contra proferentem required the ambiguity to be construed against the insurer. On that reasoning, repudiation could not stand and the claim under both policies was directed to be paid with interest.</description>
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    <pubDate>Wed, 10 Apr 2024 00:00:00 +0530</pubDate>
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      <title>2024 (11) TMI 1 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=761015</link>
      <description>In a life insurance dispute under the pre-amendment Section 45 regime, repudiation for alleged non-disclosure was justified only if the insurer strictly proved material suppression and fraud by cogent evidence. The insurer&#039;s reliance on incomplete, uncorroborated records and unsupported assertions failed to establish that prior policies existed in the insured&#039;s name or that any concealment was fraudulent. Proposal form questions were also held ambiguous when read as a whole, so contra proferentem required the ambiguity to be construed against the insurer. On that reasoning, repudiation could not stand and the claim under both policies was directed to be paid with interest.</description>
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      <pubDate>Wed, 10 Apr 2024 00:00:00 +0530</pubDate>
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