Does Hiding Existing Policies Lead to Rejection? Yes, let us understand the importance of 25th February 2025 Supreme Court Judgement. This is an eye-opener for all of us.
Many of us while buying life insurance intentionally or unintentionally may hide the existing policies. In some cases, we rely on middlemen to fill in the data and we hardly take into look of what he or she is filling. We just need the policy to be issued (more than you the middlemen). This poses a huge risk for your claim settlement.
In a significant judgment on February 25, 2025, the Supreme Court of India addressed the implications of non-disclosure of existing insurance policies by policyholders in the case of Mahaveer Sharma vs. Exide Life Insurance Company Limited. This judgment provides clarity on the obligations of policyholders and the grounds on which insurers can repudiate claims based on such non-disclosures.?
Case Background
The appellant, Mahaveer Sharma, is the son of the deceased policyholder, Ramkaran Sharma. Ramkaran had obtained a life insurance policy from Exide Life Insurance Company Limited on June 9, 2014, with a sum assured of Rs.25 lakhs. Following Ramkaran’s accidental death on August 19, 2015, Mahaveer filed a claim under this policy. However, Exide Life Insurance repudiated the claim on March 3, 2016, citing the non-disclosure of existing insurance policies by Ramkaran at the time of applying for the policy.?
Specifically, while Ramkaran had disclosed a Rs.40 lakh policy from Aviva Life Insurance, he failed to mention three other policies from the Life Insurance Corporation of India (LIC) totaling Rs.2.3 lakhs. The insurer argued that this omission constituted material suppression of facts, justifying the repudiation of the claim. Both the State Consumer Disputes Redressal Commission and the National Consumer Disputes Redressal Commission upheld the insurer’s decision, leading Mahaveer to appeal to the Supreme Court.
Legal Issues
The primary legal question before the Supreme Court was whether the non-disclosure of existing insurance policies, particularly those with relatively small sums assured, constituted material suppression of facts sufficient to justify the repudiation of the insurance claim.?
Supreme Court’s Analysis
The Supreme Court emphasized that insurance contracts are founded on the principle of uberrima fides (utmost good faith), obligating the insured to disclose all material facts that could influence a prudent insurer’s decision to accept the risk. However, the Court also noted that not every omission warrants claim rejection; the materiality of the non-disclosed fact must be assessed on a case-by-case basis.?
In this case, the Court observed that Ramkaran had disclosed a significant policy from Aviva Life Insurance with a sum assured of Rs.40 lakhs, which was substantially higher than the combined value of the undisclosed LIC policies totaling Rs.2.3 lakhs. The Court reasoned that the disclosure of the larger Aviva policy indicated an intention to provide relevant information and that the omission of the smaller LIC policies was not a deliberate attempt to mislead the insurer.?
Furthermore, the Court distinguished this case from previous rulings where non-disclosure of existing policies led to claim repudiation. For instance, in Reliance Life Insurance Co. Ltd. & Anr. v. Rekhaben Nareshbhai Rathod, the insured had failed to disclose a recently obtained substantial policy, which was deemed material. In contrast, the non-disclosed policies in the present case were of relatively insignificant value and did not materially affect the insurer’s risk assessment.
The Court stressed that insurers must prove intentional fraud, not just mistakes. Exide failed to show that Ramkaran deliberately hid the LIC policies to deceive them.
The Supreme Court’s decision is a win for ordinary policyholders. It reminds insurers that claim rejections must be based on real fraud, not minor mistakes. But at the same time, it does not mean that while buying life insurance we ignore the small policy details or material facts.
Share all the facts properly, especially regarding your health, income, and existing policy details. Avoid future complications or the situation of your family members fighting for the claim amount in the future.
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View Comments
Basu,
As usual, you have touched on a topic that is important to us and provided clarity. I wonder why do insurance companies need info on existing policy. Why should it matter? Because in any case you do not need to disclose all policies that you have at the time of buying and not have to keep it updated.
Dear Akshay,
It is very important to know your existing policies and also your income. Because based on this, they arrive at the human value and required insurance. Otherwise, there may be possibilities that person earning Rs.50,000 a month can chose Rs.10 Cr policy right? Whereas if his death occurs, then his loss is not that much to family.
How about employer provided Life insurance disclosure?
Dear Mani,
Good question. No need to disclose as it is the coverage which will be available as long as you are an employer of the company.