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Supreme Court of India 2020-02-07 dismissed

Rajankumar and Brothers (Impex) vs Oriental Insurance Company Ltd

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant purchased marine insurance for cargo being shipped on a vessel. The insurer (respondent) later rejected the claim, arguing that the vessel did not meet the International Cargo Clauses (ICC) classification standards and that the appellant had failed to notify them promptly of this non-compliance. The Supreme Court upheld the insurer's repudiation, holding that the appellant breached a warranty in the insurance contract by failing to ensure vessel compliance with ICC requirements and by failing to provide timely notice of the breach. Clause 5 of the ICC automatically discharged the insurer's liability upon such unwaived breach."

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Marine Insurance Insurance Law Breach of Warranty International Cargo Clauses Consumer Protection

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