Practice Area

Insurance Law Advisory & Claims Handling

Repudiation, under-settlement and policy interpretation — solved.

Overview

Insurance disputes pivot on policy wording, claim disclosures and inspection reports. We act for policyholders against unjust repudiations and for insurers in fraud-prone claims — combining contract law, tort, regulation and forensics.

Our insurance practice spans fire, theft, business interruption, marine, health, motor third-party, professional indemnity, D&O and cyber insurance. Engagements typically begin with a coverage opinion, escalate to claim representation or repudiation challenge, and progress to litigation or arbitration where settlement fails.

Forums include the Insurance Ombudsman (free, fast, but with monetary limits), Consumer Commissions (most retail claims), and civil/commercial courts (large industrial claims). For corporate clients, we increasingly use arbitration to preserve confidentiality.

Claims Practice

  • Fire, theft, burglary & business interruption claims
  • Health, mediclaim & critical-illness disputes
  • Marine cargo, hull & liability insurance
  • Motor third-party & own-damage repudiations
  • Director & Officer (D&O), professional indemnity & cyber insurance
  • Re-insurance and excess-of-loss disputes

Forums

  • Insurance Ombudsman (limit ₹50 lakh — free, no fees)
  • Consumer Commissions (District / State / NCDRC)
  • Civil Courts & writ jurisdiction in regulatory cases
  • Arbitration (where policy contains arbitration clause)
  • IRDAI complaint redressal

Repudiation Defence Strategy

Insurer repudiation typically rests on (a) policy exclusions, (b) suppression/misrepresentation, (c) breach of warranty, (d) late claim. Each ground requires distinct evidence and argument. We obtain claim files under right-to-information principles, deconstruct the surveyor report, and challenge unilateral repudiation through ombudsman/commission/court — backed by reasoned coverage opinions.

Health Insurance — Specific Issues

Health insurance disputes in India are dominated by pre-existing disease exclusions, sub-limits, room rent capping interpretations, and cashless rejection at hospitals. We have helped clients overturn repudiations through medical evidence, policy interpretation and IRDAI guideline citations.

Statutes & Regulations

Key laws governing this practice.

Insurance Act, 1938
Insurance Regulatory and Development Authority Act, 1999
Marine Insurance Act, 1963
Indian Contract Act, 1872 (utmost good faith doctrine)

Who This Is For

Audiences we typically advise in this area.

  • Policyholders facing claim repudiation or under-settlement
  • Companies claiming under D&O, professional indemnity or cyber policies
  • Industrial clients with fire, marine and BI claims
  • Consumers contesting health insurance rejections
  • Insurers defending fraud-marker claims

Recent Outcomes

Anonymised matter highlights.

₹6 cr Fire Insurance Claim Recovered Post-Repudiation

Manufacturing client's fire claim repudiated on alleged warranty breach. Coverage opinion + ombudsman + NCDRC pathway — full claim with interest awarded in 22 months.

Health Mediclaim Pre-Existing Disease Defence Defeated

Insurer alleged non-disclosure of pre-existing condition. Medical evidence and policy interpretation favoured policyholder; full claim allowed with cost.

Outcomes are matter-specific. Past results are not a guarantee of future performance.

Why K & K

Strategic differentiators in this practice.

  • Forensic-loss-assessor coordination from claim stage.
  • Coverage-opinion drafting for high-value programs.
  • Insurance Ombudsman, NCDRC and court appearance experience.

Frequently Asked

Questions our clients ask first.

Serving Delhi NCR & Beyond

Our office at A-197, LGF, Defence Colony, New Delhi 110024 is the operating base for clients across Delhi NCR — Gurgaon, Noida, Faridabad, Ghaziabad — and pan-India through a vetted local-counsel network. We routinely appear at Saket, Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka District Courts; the Delhi High Court; and the Supreme Court of India.

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