Jacob Punnen & Anr. v. United India Insurance Co. Ltd.

Civil Appeal · 2021 INSC 853Decided 9 Dec 2021
Civil Appeal No. 6778 of 2013
Justice S. Ravindra Bhat · Justice K.M. Joseph

Background

The appellants had held an annual mediclaim health insurance policy with the respondent insurer since 1982, renewing it every year. When they renewed it again in March 2008, the insurer, without specifically flagging the change, had inserted a new term capping reimbursement for certain procedures (such as angioplasty) at 70% of the sum insured, subject to an overall cap of Rs. 2,00,000 per procedure, a limitation absent from the previous year's policy. When one of the appellants underwent angioplasty and claimed Rs. 3,82,705, the insurer paid only Rs. 2,00,000 citing this new cap. Consumer fora gave conflicting rulings, and the National Consumer Disputes Redressal Commission ultimately sided with the insurer, holding the appellants bound by the new terms of the "renewed" policy.

Decision Breakdown

The Supreme Court held that while a renewed insurance contract can legally carry different terms from the original, an insurer has a duty to clearly inform the policyholder of any significant adverse change, such as a new cap on reimbursement, at the time of renewal, rather than silently inserting it into the renewal documents. Here, the insurer accepted the renewal premium and issued the policy without alerting the appellants to the new limitation, which the Court found was a deficiency in service under consumer protection law. Both judges concurred (through separate reasoned opinions) that the orders of the State Commission and NCDRC could not be sustained; the Court set them aside, restored the District Forum's order in the appellants' favour, allowed the appeal, and awarded the appellants Rs. 50,000 in additional costs.

Lesson Learnt

An insurance company cannot quietly reduce a customer's coverage at renewal time and later rely on the fine print: it must proactively and clearly communicate any adverse change in terms, or risk being held liable for deficiency in service.

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