Legal Vidhiya

Insurance Companies Must Deal in A Bonafide & Fair Manner; Should Not Just Care for Its Own Profits: Supreme Court

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The Supreme Court of India recently issued a ruling stating that insurance companies have a duty to act in a bonafide and fair manner towards their policyholders and should not prioritize their own profits above the interests of the insured. The court emphasized the importance of good faith in insurance contracts and noted that both parties have a duty to disclose all material facts within their knowledge.

The case in question involved a complainant who had obtained insurance coverage from an insurance company for his prawn cultivation business. A major outbreak of a bacterial disease called ‘White Spot Disease’ led to mass mortality of prawns, and the complainant invoked the policy to claim damages. However, the insurance company repudiated the claim on the grounds that the complainant had breached the policy conditions by not maintaining proper records.

The National Consumer Disputes Redressal Commission (NCDRC) assessed the complainant’s total loss as ₹30,69,486.80, but the complainant was dissatisfied with the order and approached the Supreme Court. The court noted that the insurance company had ignored a death certificate furnished by the officials of the State Fisheries Department at Visakhapatnam, which was being made by impartial and independent bodies of significant stature. The court held that an insurance company could not ignore or fail to act upon a certificate or document that it had itself called for from independent and impartial authorities, subject to just exceptions, merely because it is averse to it or to its detriment. 

The Supreme Court held that an insurance company is expected to make good on its promise in a bonafide and fair manner and not just care for and cater to its own profits. The court ordered the insurance company to remit a sum of ₹45,18,263.20 to the appellant, with simple interest thereon @ 10% from the date of the complaint till the date of realization, within six weeks.

The court emphasized that the obligation of good faith applies to both parties not only at the inception of the contract of insurance but throughout its existence and even thereafter. The ruling highlights the importance of transparency and honesty in the insurance industry and serves as a reminder to insurance companies that they have a duty to act in the best interests of their policyholders.

Written by: Shriya Ayalasomayajula, College name: Nyaya Vidya Parishad, Intern at Legal Vidhiya

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