Corporate, Commercial & Finance
Insurance and Reinsurance
Advice and disputes on policy coverage, claims and repudiation, and insurance regulation under the Insurance Act and the IRDAI.
Insurance disputes usually come down to two questions: what the policy actually covers, and whether the insurer was entitled to decline the claim. Because an insurance contract is one of utmost good faith, both the disclosures made when the policy was taken and the precise wording of its terms and exclusions matter a great deal. The firm advises policyholders and businesses on coverage and on contesting the wrongful repudiation of claims, and on the regulatory side of insurance under the Insurance Act, 1938 and the framework administered by the IRDAI.
These matters turn on documents: the proposal, the policy, the surveyor's report and the correspondence. The firm reads them closely to establish what was covered and what the insurer was, and was not, entitled to do.
Coverage, claims and repudiation
Most disputes arise when a claim is rejected, on the ground of an exclusion, of non-disclosure when the policy was taken, or of a breach of a condition. Whether the rejection is valid depends on the exact terms and on the materiality of any non-disclosure. The firm advises on the strength of a claim and pursues the wrongful repudiation of genuine claims.
Regulation and the IRDAI
Insurance and reinsurance are regulated under the Insurance Act, 1938 and by the Insurance Regulatory and Development Authority of India under the IRDAI Act, 1999, which set the rules for insurers, intermediaries, products and conduct. The firm advises on compliance and on dealings with the regulator.
Forums for an insurance dispute
A policyholder may pursue a rejected claim before the consumer forums under the Consumer Protection Act, 2019, through the Insurance Ombudsman, or in the civil courts, depending on the nature and value of the claim. Commercial and reinsurance disputes are frequently referred to arbitration under the policy. The firm advises on the most effective forum and conducts the proceedings.
The legal framework
The principal statutes and the provisions that most often decide these matters. Statute text can be read in the firm's Legal Library; always check the current version at the official source.
Insurance Act, 1938 · IRDAI Act, 1999 · Act 4 of 1938
- Insurance Act — the substantive law governing insurers, policies and claims.
- IRDAI Act — the regulator and the regulatory framework for insurers and intermediaries.
Marine Insurance Act, 1963
- Marine cover — the dedicated regime for marine insurance contracts.
Consumer Protection Act, 2019 · Act 35 of 2019
- Consumer forums — a route for an individual policyholder to contest a deficient service or wrongful repudiation.
Key judgments
Grouped by issue. Each case is cited from the court's own record; open a heading to read it.
Disclosure & utmost good faith 1
Reliance Life Insurance Co. Ltd. v. Rekhaben Nareshbhai Rathod Supreme Court
(2019) 6 SCC 175
Reaffirmed that an insurance contract is one of utmost good faith: non-disclosure of a material fact (there, an existing life policy) when the policy is taken entitles the insurer to repudiate a claim, the duty of disclosure running up to the conclusion of the contract.
How we work on these matters
The firm advises policyholders and businesses on coverage and claims, and contests the wrongful repudiation of genuine claims on the policy terms.
Each matter is built on the documents, the proposal, the policy wording, the surveyor's report and the correspondence, rather than on general assertion.
Advice on the prospects of a claim, and on the right forum to pursue it, is given candidly.
Frequently asked questions
My insurance claim was rejected. Can I challenge it?
Often, yes. A rejection is only valid if it rests on a genuine exclusion, a material non-disclosure, or a real breach of condition, judged against the exact policy terms. Where a claim has been wrongly repudiated, it can be pursued before the consumer forums, the Insurance Ombudsman or the civil courts.
What does utmost good faith mean for my policy?
An insurance contract requires both sides to act in utmost good faith, which means you must disclose material facts honestly when taking the policy. An insurer may rely on a material non-disclosure to decline a claim, so accurate disclosure at the proposal stage is important.
Where should an insurance dispute be taken?
It depends on the claim. An individual may use the consumer forums or the Insurance Ombudsman; larger commercial and reinsurance disputes are often arbitrated under the policy. The firm advises on the most effective forum in the circumstances.
This note is general information on the law as at Jun 2026, not legal advice on any specific matter. The law changes; for advice on your facts, please speak to the firm.
Tell us about your matter.
Share the facts and we will tell you, candidly, where you stand and how we can help.