Insurance litigation—India—Q&A guide
Insurance litigation—India—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Insurance litigation—India—Q&A guide
  • 1. In what fora are insurance disputes litigated?
  • 2. When do insurance-related causes of action accrue?
  • 3. What preliminary procedural and strategic considerations should be evaluated in insurance litigation?
  • 4. What remedies or damages may apply?
  • 5. Under what circumstances can extracontractual or punitive damages be awarded?
  • 6. What rules govern interpretation of insurance policies?
  • 7. When is an insurance policy provision ambiguous and how are such ambiguities resolved?
  • 8. What are the mechanics of providing notice?
  • 9. What are a policyholder’s notice obligations for a claims-made policy?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to insurance litigation in India published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Tuli & Co—Neeraj Tuli; Rajat Taimni

1. In what fora are insurance disputes litigated?

In the absence of any reference to arbitration under the terms of a policy, insurance disputes can be litigated before both a civil court or a consumer forum. If the insurer initiates the litigation, it must be before the civil courts, and consumer fora cannot entertain these disputes. Both the civil and the consumer courts have territorial and pecuniary jurisdiction, and the civil court or consumer forum before which the matter is decided is dependent on the value of the dispute and the geographical limits of the office of the defendant insurance company within which the cause of action for the dispute arose. The broad ascending hierarchy of the civil courts comprises roughly 600 district courts, 25 high courts, and the Supreme Court of India, which is the highest court of law in India. Four of the 25 high courts—Delhi, Mumbai, Chennai and Kolkata—have original jurisdiction to hear matters over a certain pecuniary value, so the civil courts and judges under them do not hear matters involving values higher than that limit. In all other cases, district courts and the competent

Popular documents