The question (15 marks)
Examine s. 45 of the Insurance Act 1938 as it now stands. What must an insurer prove to repudiate a life policy for suppression of material facts? Discuss with reference to Mithoolal Nayak v. LIC and later cases. (15 marks)
Syllabus head 2.4; built from the Module 2 chapter and the four s. 45 case briefs.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · The Regulatory Framework, Life Insurance and Motor Third-Party of Law of Insurance.
Authorities you will need
- Mithoolal Nayak v. LIC
- Krishna Wanti Puri v. LIC, Delhi High Court
- Dipashri v. LIC, Bombay High Court
- LIC v. Asha Goel
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.