Re: Directions of High Court of Delhi at New Delhi on Exclusionsrelated to Genetic Disorders

Inthe matter of M/s United India Insurance Company Limited VsJai Parkash Tayal (RFA610/2016 & CM Nos. 45832/2017) Hon’ble High Courtof Delhi at New Delhi held that the exclusionary clause of ‘Genetic Disorders’,in the insurance policy, is too broad, ambiguous and discriminatory – hence violative of Article 14 of the Constitution of India and directedInsurance Regulatory and Development Authority of India (IRDAI) to re-look theexclusionary clauses in insurance contracts and ensure that insurance companiesdo not reject claims on the basis of exclusions relating to genetic disorders.

Thus,in pursuance to the directions of Hon’ble High Courtall insurance companies offering contracts of Health Insurance are herebydirected that no claim in respect of any existinghealth insurance policy shall be rejected based on exclusions related to ‘GeneticDisorder’.

Allinsurance companies are directed not to include ‘Genetic Disorders’ as one ofthe exclusions in new health insurance policies issued in respect of all theirexisting health insurance products and also in the new products launched and/orfiled under the provisions of Guidelines on Product Filing in Health InsuranceBusiness (Ref. No: IRDA/HLT/REG/CIR/150/07/2016 dated 29^th July,2016).

MEMBER (Non-Life)