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Insurer Denied Claim, Court Orders Rs 10 Lakh Payout

Summary

  • Insurer ordered to pay Rs 10 lakh plus 7% interest and litigation costs.
  • Court found insurer failed to prove treatment linked to pre-existing disease.
  • Policyholder's claim was rejected despite revised medical opinions.
Insurer Denied Claim, Court Orders Rs 10 Lakh Payout

The Delhi consumer commission has ordered National Insurance Company to pay Rs 10 lakh with 7% annual interest and Rs 50,000 for litigation costs. The decision came after the insurer failed to prove that the policyholder's treatment was connected to a pre-existing condition. Rita Malhotra, the policyholder, passed away during the case's pendency, and her legal heirs continued the litigation.

The commission noted that the insurer had not provided a substantial defense for rejecting the claim. The policyholder's initial hospitalization in January 2016 for severe cold and cough led to a diagnosis of Type 1 Respiratory Failure. While an initial opinion suggested a link to chronic anemia, a subsequent diagnosis by the same doctor refuted this connection.

Despite this, the third-party administrator denied cashless treatment, relying on the preliminary diagnosis. The commission found the insurer bore the burden of proof for a pre-existing disease link, which they failed to meet. The insurer's argument regarding a reduced sum insured was also unsubstantiated, leading to the final order for reimbursement.

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Property Code: 5571