Page 34 - The Insurance Times September 2025
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insurance cover continued despite the completion of the The stipulation clause 'No claim under this policy shall
duration clause. be payable unless the terms of this policy condition have
been complied with' is sine qua non (an essential condition; a
In the case of M/S Sonnel Clocks and Gifts Ltd., there was vital thing), and is often missed while processing a fire claim.
no disagreement about the existence of the policy. The issue
was that of a violation of Condition No. 6 of the policy. In brief, we can conclude that the nature of policy wordings
is most significant when it comes to invoking either waiver
6. Clause 5 of the marine policy and Clause 6 of the fire or estoppel. Drafting a repudiation letter requires careful
policy differed considerably in terms of their consideration of the policy conditions, exclusions, and
interpretation and cannot be compared as such. exceptions.
The Court noted that Clause 5 of the Marine Insurance Reference:
Policy, subject matter in Galada's case, did not have a
negative covenant, as in this case, in the proviso to Condition 1. Galada Power & Telecommunication Ltd. v. United India
Insurance Co. Ltd., (2016) 14 SCC 161
No. 6 of the fire policy. The Court observed that "The
fulfilment of the stipulation in Clause 6 of the general 2. AIR 2018 Supreme Court 4146 ---- M/s. Sonell Clocks
conditions, i.e., of the policy, is the sine qua non to maintain and Gifts Ltd
.: Appalent : Versus The New India
a valid claim under the policy. Assurance Co.Ltd
.. Respondent(s)
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32 September 2025 The Insurance Times
