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STATE LIFE INSURANCE CORPORATION OF PAKISTAN vs Mst — 2022 CLD 1026 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLD 1026 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLD
Parties
STATE LIFE INSURANCE CORPORATION OF PAKISTAN vs Mst
Subject matter
Civil
Provisions referred to
S. 79---I; S. 79; Insurance Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

STATE LIFE INSURANCE CORPORATION OF PAKISTAN VS Mst. RAZIA BEGUM S. 79---Insurance claim, recovery of---Scope---Insurer company assailed judgment and decree passed by Trial Court in favour of respondent/plaintiff allowing her insurance claim of her deceased husband---Validity---Policy was a bilateral contract executed among insurer and insured under strict compliance of special law---Insurer was to reprobate its act/contract per S. 79 of Insurance Ordinance, 2000, which had a limited authority and could be exercised where either insured avoided its obligation in exposing required particulars or acted with fraud or misrepresentation to deceit the insurer before finalization of the contract---Such option could be availed by insurer within two years of effectiveness of policy---Policy in question was executed on 1-10-1999, and insurer at the most within next two years i.e. till 30-9-2001, could repudiate the same---Despite that claim was submitted on 20-01-2001, it was declined on 27-12-2002, beyond provided period, when the insurer had already lacked authority to such effect---High Court imposed cost on appellant/insurer company, as family of insured was forced to initiate litigation for totally unjustified act of repudiation of the insurer and the same took more than two decades to decide the matter up till High Court---Appeal was dismissed, in circumstances.

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