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First Appeal No: 12 of 1969, decided on 12th March, 1981.
‑‑ S. 45‑Life insurance policy‑Contracts of insurance‑Of utmost good faith‑Special facts on which risk required to be estimated by Insurance Company‑Normally within knowledge of insured only --Insured having agreed to disclose all information/facts likely to persuade or dissuade Insurance Company from accepting or not accepting risk involved in contract non‑disclosure or suppression of such information‑ Constitutes fraud, rendering insurance policy State of insured's health‑Very material fact‑No Insurance void‑Company expected to enter into contract of life insurance if apprised of proposed insured being suffering from serious, ailment‑ Medical evidence clearly proving insured having been suffering from serious ailment at material time and such information withheld from Insurance Company in order to obtain revival of lapsed policies, Company, held, entitled to repudiate insurance policies and refuse revival‑Insurance Company, held further, can impose new condition for revival of lapsed policies and entitled to obtain good health declaration as condition precedent to reviving lapsed policies.
Muhammad Hanif Khan for Appellant.
Nemo for Respondent.
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