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january 2008

Supreme Court of India · 2008-01-30

Sea Lark Fisheries vs United India Insurance Co. & Anr

Court
Supreme Court of India
Petitioner
Sea Lark Fisheries
Respondent
United India Insurance Co. & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court addressed the issue of insurance liability concerning a fishing vessel, 'Sea Lark', which sank after being insured by the respondent. The Court held that the insurer's repudiation of the claim based on alleged non-disclosure of the vessel's seaworthiness was erroneous, as the insurer failed to raise this issue in the written statement, denying the appellant a chance to respond. The Court reinstated the High Court's decree in favor of the appellant, emphasizing the importance of full disclosure and the insurer's obligation to prove any misrepresentation under the Marine Insurance Act.

Sea Lark Fisheries vs United India Insurance Co. & Anr · Niyam