Insurance firm expected to act in fair manner, not for own profits: Supreme Court [9.8.2023]

An insurance company is expected to act in a bonafide and fair manner with its client and not just care for and cater to its own profits, the Supreme Court has said.

A bench of justices A S Bopanna and Sanjay Kumar, in a verdict on a plea by an insuree company, said it is the fundamental principle of insurance law that utmost good faith must be observed by the contracting parties.

The top court said it is the duty of the insured and the insurance company to disclose all material facts within their knowledge.

"Having undertaken to indemnify an insured against possible loss in specified situations, an insurance company is expected to make good on its promise in a bonafide and fair manner and not just care for and cater to its own profits," the bench said.

The observations came while deciding a plea by Isnar Aqua Farms against an order of the National Consumer Disputes Redressal Commission (NCDRC) which directed the insurance firm United India Insurance Co. Ltd to pay Rs 30.69 lakh to the firm for loss in prawn cultivation.

The apex court directed that a sum of Rs 45.18 lakh shall be remitted by the insurance company to the firm, with simple interest of 10 per cent from the date of the complaint till the date of realisation, within six weeks.


10 Aug 2023