Claims & Loss Prevention - June 10, 2026 - 11 min read
Non-Disclosure and Claim Repudiation in India 2026: Materiality, Good Faith and the Insurer's Burden of Proof
An insurer cannot repudiate a claim for non-disclosure merely because the proposal form was imperfect. Indian law sets a structured test: the undisclosed fact must be material, and the insurer carries the burden of proving it. This piece sets out the principles of utmost good faith, materiality and burden of proof, the limits on repudiating for technical or immaterial non-disclosure, and how proposal-form practice, policy wording and claims defence should reflect them.
By Sarvada Editorial Team