n a recent development, the Madras High Court has intervened in a writ petition challenging the denial of an insurance claim following the death of the petitioner's husband due to a cardiac arrest during the second wave of the COVID-19 pandemic.
Justice GK Ilanthiraiyan, presiding over the bench, dismissed ICICI Lombard Insurance Company's argument that the deceased had no major medical illness covered under the policy, citing the lack of postmortem examination as a reason for uncertainty regarding the cause of death.
"There is no doubt over the insurance policy, which was taken by the petitioner's husband. After the issuance of the insurance policy, they have received the premium amount and therefore, the claim cannot be rejected on technical grounds," the bench held.
The court emphasized that the husband's demise was indeed a result of a cardiac arrest, categorizing it as a major medical illness exacerbated by the COVID-19 situation.
The judgment stressed the Supreme Court's stance against insurance companies acting too technically or arbitrarily in claim assessments.
Justice Ilanthiraiyan highlighted the power imbalance between insurers and individuals, noting the latter's often limited legal understanding of insurance policies.
The court ultimately quashed the insurer's rejection of the claim, directing them to disburse the insured amount.
The petitioner's husband had insured his life to cover loans obtained from DCB Bank, totaling Rs.71,00,000, and died on May 10, 2021, with doctors attributing the cause of death to cardiac arrest, notwithstanding the absence of a postmortem examination.
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