Skip to main content

Multiple policies no ground to reject mediclaim renewal: HC

The Bombay high court recently slammed United India Insurance Company Ltd for refusing to renew a cancer patient's policy and held that renewal of health insurance policies cannot be declined on an arbitrary ground that a person holds multiple policies. The court said there is no bar on the number of insurance policies a person can have.''

The court said the firm's denial was on "preposterous grounds" of suppression of illness when there was a clear disclosure by the policy holder. The HC held that if a complainant does not accept the Ombudsman's award, the insurance company doesn't have any discretion to implement it. Rejecting renewal on such recommendation is "flawed", the HC held.
"The renewal of a mediclaim policy cannot lie at the whim and caprice of the insurer," said a bench of Justices D Y Chandrachud and S C Gupte last month. Kalyani, a bank employee, and her husband Avinash Gokhale had filed a petition in the HC last year and again this year to challenge a decision by United India Insurance declining the renewal of their health insurance cover. There were two group insurance policies and a top up medicare policy. A 2006 agreement between the Bank of Maharashtra and United India Insurance offered a group mediclaim cover under a scheme called Mahabank Swasthya Yojna for account holders aged up to 65 and family. Renewals were permitted till age 80. Gokhale took a policy in 2006 for Rs 5 lakh and it was renewed several times.
The coverage of risk under the policy was to be in addition to any other policy held by the account-holder either with the same firm or any other insurance firm, observed the HC bench. But if there was more than one policy, a claim was liable only in ratable proportion.
In February 2009, Avinash Gokhale was detected to be suffering from colon cancer. In April, his wife applied for the cover and disclosed his hospitalisation details for a surgery he underwent in March. The policy was renewed for 2010-11. In September 2010, the firm ny restricted disbursement of claim amount of Rs 1.5 lakh. Gokhale approached the Insurance Ombudsman. In September 2011, the Ombudsman asked the firm not to renew Gokhale's policy after April 2012 and said the policy ought to have a clause that cancer would be covered only after three years of continuous coverage and the maximum cover should be Rs 5 lakh to obviate need for multiple policies.
The bank, acting on the Ombudsman's order, declined renewal on the grounds that the family had taken multiple policies by changing the proposer's name.
In March 2012, the bank issued a circular for group mediclaim policy for its officers, which would cover all pre-existing diseases. Kalyani and her husband took the policy too, but in July, the insurance firm deleted Avinash's name, citing the previous pending dispute. The company also refused to renew the family's 'super top up medicare policy' last August citing "multiple policies".
The HC, after hearing advocate Gaurav Joshi as amicus curiae (friend of court) and the company's counsel A S Vadyarthi, held that there was a "full disclosure" by Gokhale but the issue was whether or not the insurance company was justified in declining to grant renewal. The court said the renewal has to be decided on "fair and cogent" reasoning and "not arbitrarily".

Article referred: http://articles.economictimes.indiatimes.com/2013-09-15/news/42083768_1_insurance-ombudsman-medicare-policy-insurance-firm

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.