Dispute Is Non-Arbitrable When There Is Denial Of Claim By Insurance Co. Under Policy


Last updated: 13 January 2023

Court :
Bombay High Court

Brief :
THE HON'BLE BOMBAY HIGH COURT HELD THAT โ€“when an Insurance Company has not accepted the liability under the Insurance Policy and has repudiated the claim as "No Claim", then such denial of claim would not itself amount to an arbitrable dispute. The Insurance Policy clearly provided that if the Insurance Company has disputed or not accepted the liability under the policy, there shall be no reference to Arbitration.

Citation :
M/S. MALLAK SPECIALITIES PVT LTD.(A) VS. THE NEW INDIA ASSURANCE CO.LTD. .. RESPONDENT

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