Law: Insurance Ordinance, 2000

Section: 121(1),80,124,79

Law: Insurance Ordinance, 2000

Section: 121(1),80,124,79

Law: Limitation Act, 1908

Section: 181

Insurance Ordinance (XXXIX of 2000)--- ----S. 80---Limitation Act (IX of 1908), Art.181--Scope of application of S.80, Insurance Ordinance, 2000---Repudiation of claim by Insurance Company on account of concealment of his ailment by policy-holder---Limitation---Policy cannot be called in question on the grounds of misrepresentation, false statement or suppression of material facts, after two years from the date when the policy was originally effected---Period of two years, even in cases where the policy was revived and renewed, would be counted from original date of the policy in question---Principles. In the present case deceased was policy-holder, who insured himself under Policy against a yearly premium commencing from 15-10-1992. The premium was paid till October, 1994, whereafter, it was discontinued. The policy-holder revived the policy on 31-12-1998, after complying with requisite formalities, including a declaration of good health on a printed form. Insured breathed his last on 28-4-2000 and his widow being nominee, lodged the insurance claim of her husband before the appellant, which was repudiated by the Insurance company on account of concealment of his ailment at the time of revival of Policy. A Policy cannot be called in question on the ground of misstatement, after two years of it's effectiveness, within the contemplation of section 80 of Insurance Ordinance, 2000. According to section 80, Insurance Ordinance, 2000 an Insurance Policy, cannot be called in question on the grounds of misrepresentation, false statement or suppression of material facts, after two years from the date when the Policy was originally effected. The period of two years, even in cases where the Policy was revived and renewed, would be counted from original date of the Policy in question. The application of provisions of section 80 is contingent upon fulfilment of following conditions: (i) The inaccurate statement pertains to a matter which is material, or the facts which are suppressed, the disclosure thereof was material. (ii) The suppression must be fraudulent and made by Policy-holder. (iii) The Policy-holder, at the time of making the statement had known that statement…

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