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Insured To Prove That Intimation Of Cancellation Of Insurance Policy Was Not Received From Insurer

The question before the Full Bench of the High Court of Kerala was when it is settled law that the liability of the insurer to indemnify the third parties subsists unless the insurance coverage is cancelled by the insurer and intimation thereof has reached the insured and the registering authority, then on whom does the burden lie to prove that the insurer has so intimated about the cancellation on the dishonour of the cheque received towards premium?

The bench while referring to the judgment in United India Insurance Company Limited vs Laxmamma and others, has clarified that once the insurer shows that it has intimated the cancellation of insurance policy to the insured through post addressed to him, then the burden to show that the intimation was not received shifts to the insured.

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