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Supreme Court of India 2019-04-12 allowed

Bharat Watch Company through its Partner vs National Insurance Co. Ltd. through its Regional Manager

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

Bharat Watch Company insured its watch stock with National Insurance Co. Ltd. After a theft occurred at its showroom, the insurer repudiated the claim based on an exclusionary clause requiring forcible entry for burglary coverage. The District Forum and State Commission found the exclusion clause was never communicated to the insured and allowed the claim. The National Commission reversed this, relying on precedent law about burglary exclusions. The Supreme Court allowed the appeal, holding that an insurer cannot enforce exclusionary clauses unless those specific conditions were communicated to the insured. The Court restored the lower courts' decisions, emphasizing the critical importance of factual findings that the exclusion terms were never provided to the policyholder."} </invoke>

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Insurance Law Consumer Protection Contract Law Exclusionary Clauses Burden of Proof

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