| Case ID |
1e39fda2-6526-40a3-a134-60e7173b4228 |
| Body |
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| Case Number |
Case No. 287 of 2022 |
| Decision Date |
Jul 19, 2023 |
| Hearing Date |
Jul 12, 2023 |
| Decision |
The petition was allowed in favor of the petitioner, Asma Qamar, entitling her to receive the total sum assured of Rs. 800,000 along with liquidated damages under section 118 of the Insurance Ordinance, 2000. The tribunal highlighted that the insurance company failed to fulfill its obligations regarding the clarity and transparency of the policy documents, ultimately leading to a delay in payment. The tribunal also ordered the respondent to pay costs of Rs. 50,000 due to unnecessary litigation caused by the respondent's actions. |
| Summary |
In the case of Asma Qamar vs. Jubilee Life Insurance, the Insurance Tribunal of Lahore addressed significant issues regarding insurance claims and the obligations of insurance companies under the Insurance Ordinance, 2000. The case revolved around the interpretation of policy documents and the principle of 'utmost good faith' that governs insurance contracts. The petitioner sought recovery of the assured amount upon the maturity of her policy, while the respondent, Jubilee Life Insurance, contended that the petitioner was only entitled to the surrender value due to the nature of the policy. The tribunal found that the insurance company had engaged in misleading conduct by not clearly explaining the terms of the policy and failing to use plain language as mandated by law. Ultimately, the tribunal ruled in favor of the petitioner, emphasizing the importance of transparency and fair dealing in the insurance sector, which is crucial for protecting policyholders' rights. This case reinforces the principle that insurance companies must act in good faith and provide clear information to their clients. |
| Court |
Insurance Tribunal, Lahore
|
| Entities Involved |
Not available
|
| Judges |
Justice (Retd.) Ali Akbar Qureshi,
Zafar Iqbal Tarar
|
| Lawyers |
Mirza Muhammad Qamar,
Barrister Hamza Basharat
|
| Petitioners |
Asma Qamar
|
| Respondents |
Jubilee Life Insurance
|
| Citations |
2023 SLD 2159,
2023 CLD 1283
|
| Other Citations |
Muhammad Shahnawaz and 44 others v. Karachi Electric Supply Company and others 2011 PLC (C.S.) 1579,
Universal Insurance Company and another v. Karim Gul and another PLD 2021 SC 906
|
| Laws Involved |
Insurance Ordinance, 2000
|
| Sections |
75,
76,
77,
118,
122
|