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UNITED INSURANCE COMPANY OF PAKISTAN LIMITED vs PRESIDENT OF PAKISTAN through Secretary S — 2026 CLD 351 ISLAMABAD

Case information

Citation
2026 CLD 351 ISLAMABAD
Court
Islamabad High Court
Year
2026
Reporter
CLD
Parties
UNITED INSURANCE COMPANY OF PAKISTAN LIMITED vs PRESIDENT OF PAKISTAN through Secretary S
Subject matter
Constitutional
Provisions referred to
S. 127---F; S. 14---C; S. 127; Federal Ombudsman Institutional Reforms Act (XIV of 2013); 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

UNITED INSURANCE COMPANY OF PAKISTAN LIMITED VS PRESIDENT OF PAKISTAN through Secretary S. 127---Federal Ombudsman Institutional Reforms Act (XIV of 2013), S. 14---Constitution of Pakistan, Art. 199---Constitutional petition---Maladministration---Insurance claim, denial of---Pre-existing conditions---Petitioner / insurance company was aggrieved of orders passed by Federal Insurance Ombudsman and Appellate Authority to pay insurance claim to respondents / insured persons---Plea raised by petitioner / insurance company was that respondents were suffering from ailments prior to their insurance which were covered under "pre-existing conditions"---Validity---Merely incorporating "pre-existing conditions are not covered" in the exclusion term of the Policy did not allow petitioner / insurance company to repudiate the claim---Where a stipulation was not merely unreasonable but impossible, in the sense that from the outset it never could be performed, it was a nullity, and was simply disregarded---Respondents / insured persons alleged mala fide conduct, delay in claim settlement, arbitrary repudiation, misrepresentation of policy terms and repudiation contrary to law---Federal Insurance Ombudsman rightly found maladministration and directed payment of reasonable compensation for the medical expenses incurred by respondents---Federal Insurance Ombudsman rightly assumed its jurisdiction while deciding complaints filed by respondents as their grievances fell squarely within the Ombudsman's jurisdiction under S.127 of the Insurance Ordinance, 2000---High Court declined to interfere in the orders passed by two fora below---Constitutional petition was dismissed in circumstances.

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