On What Basis Insurance Policies Which Exclude Mental Illnesses From Full Coverage Approved?: Delhi High Court Asks IRDA


first_imgNews UpdatesOn What Basis Insurance Policies Which Exclude Mental Illnesses From Full Coverage Approved?: Delhi High Court Asks IRDA Sparsh Upadhyay18 April 2021 11:11 PMShare This – xThe Delhi High Court last week asked the insurance sector regulator Insurance Regulatory and Development Authority of India (IRDAI) to explain on what basis it granted approval to such insurance policies that excluded mental conditions from full coverage. The Bench of Justice Prathiba M. Singh was hearing the plea of one Subhash Khandelwal who submitted before the Court that…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Delhi High Court last week asked the insurance sector regulator Insurance Regulatory and Development Authority of India (IRDAI) to explain on what basis it granted approval to such insurance policies that excluded mental conditions from full coverage. The Bench of Justice Prathiba M. Singh was hearing the plea of one Subhash Khandelwal who submitted before the Court that he had purchased an insurance policy from Max Bupa Health Insurance Company Limited and that he also paid the insurance premium for the sum assured of Rs.35 lakhs on regular basis. Importantly, he submitted that when he raised a claim with the insurance company in respect of his mental illness, he realized that there was a clause in the policy restricting the sum assured to Rs.50,000/-, with a few conditions, in case of mental illnesses. Court’s observations Having perused Section 21 (4)A of the Mental Healthcare Act, 2017, the Court noted that there could be no discrimination between mental illnesses and physical illnesses and the insurance provided in respect thereof. Section 21 (4) A of the Mental Healthcare Act, 2017 reads as follows:- Section 21. Right to equality and non-discrimination – XXXX (4) Every insurer shall make provision for medical insurance for treatment of mental illness on the same basis as is available for treatment of physical illness.” The Court observed, “The clauses pointed out in the policy clearly show that a large number of mental conditions are excluded from full coverage of the policy and only a sum of Rs.50,000/- is reimbursable for these mental conditions.” Importantly, the Court also remarked, “This matter requires consideration, inasmuch as the Insurance Regulatory and Development Authority of India ought to place on record the basis on which approval has been granted for such insurance policies.” Lastly, noting that a large number of insured persons would be affected by such an insurance policy, the Court directed that counter affidavit shall be placed on record within two weeks. The matter has now been posted for further hearing on June 2, 2021. In related news, last year the Supreme Court had issued notice to the Centre and the Insurance Regulatory Development Authority of India (IRDAI) in a plea seeking directions with respect to violation of Section 21(4) of the Mental Healthcare Act, 2017 whereby insurers are bound to provide medical insurance for the treatment of mental illness.Advocate Mrinal Kanwar represented the Petitioner. Case title – Subhash Khandelwal v. Max Bupa Health Insurance Company Limited & Anr. [W.P.(C) 4010/2021] Click Here To Download OrderRead OrderSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

American Academy inducts 17 faculty


first_imgA group of Harvard faculty members has been inducted into the American Academy of Arts and Sciences 230th class of fellows, which totaled 210 new fellows and 18 foreign honorary members.The 17 fellows from Harvard, officially recognized in an Oct. 9 ceremony, were celebrated for their cutting-edge research and scholarship, artistic accomplishment, and exemplary service to society.“The induction ceremony celebrates the academy’s mission and the accomplishments of its newly elected members,” said American Academy President Leslie Berlowitz. “Through three centuries of service, the academy and its fellows have been dedicated to intellectual leadership and constructive action in America and the world.”The fellows from Harvard follow:Harvey Cantor, Baruj Benacerraf Professor of Pathology, Harvard Medical SchoolHarvey G. Cox Jr., Hollis Research Professor of Divinity, Emeritus, Harvard Divinity SchoolRonald A. DePinho, professor of medicine, Harvard Medical SchoolEdward Glaeser, Fred and Eleanor Glimp Professor of Economics; director, Taubman Center for State and Local Government; director, Rappaport Institute for Greater BostonJack L. Goldsmith, Henry L. Shattuck Professor of Law, Harvard Law SchoolDavid Haig, George Putnam Professor of Organismic and Evolutionary BiologyEvelyn L. Hu, Gordon McKay Professor of Applied Physics and Electrical Engineeringlast_img read more

Hoosiers down Badgers in OT


first_imgWisconsin\’s Lin Zastrow\’s 14 points was not enough to help lift the Badgers of the Hoosiers last night at home.[/media-credit]A little more than a second was all that stood between the University of Wisconsin women’s basketball team and their second win in a row.However, Indiana’s Kim Roberson hit a 3-pointer to send the game into overtime, where the Hoosiers outlasted the Badgers, 67-61.Three players scored double figures for Indiana with Wisconsin native Jamie Braun leading the way with 20 points, while Amber Jackson and Whitney Thomas chipped in with 15 and 10 points, respectively.Wisconsin also had three players in double figures with Tara Steinbauer, Teah Gant and Lin Zastrow scoring 17, 16 and 14 points, respectively. Steinbauer was one rebound short of her second double-doubleWith only 27 seconds left, Rae Lin D’Alie hit one of two free throws to give the Badgers a 53-50 lead. However, Braun was able to find Roberson wide open in the corner and her shot tied the game at 53.“This game just came down to a few mental breakdowns at the end, and unfortunately, we couldn’t get it done,” Wisconsin coach Lisa Stone said. “We left Roberson to go help on Braun, we couldn’t get back in time and she got the open shot.”In some instances, coaches will tell their players to deliberately foul at the end of the game to send the opposing team to the free-throw line, preventing them from shooting a 3-pointer. However, Stone chose not to use that approach.“I think there was too much time left on the clock to let them get an offensive rebound,” Stone said. “Our defense was solid the whole night, so we decided to stay with it.”In overtime, Indiana outscored the Badgers 14-8 with the key shot coming when Braun hit a deep 3-pointer with 1:42 left.Indiana didn’t miss from the field in overtime and shot 42.3 percent in the second half to make up for a horrible first-half shooting performance in which they shot only 30.4 percent. Wisconsin also shot well in the second half, making 12-of-24 shots, but were only 3-for-9 in overtime. Free-throw shooting also hurt the Badgers as they were only 10-of -6 for the game, with D’Alie missing one with 27 seconds left that could have sealed the game.One of the focuses coming into the game was the battle underneath. The matchup of Steinbauer and Zastrow versus Jackson and Thomas was supposed to be the key for each team’s success. The Badgers were able to win in that regard, outrebounding Indiana 39-35 overall and 9-4 on the offensive glass. Wisconsin also outscored Indiana 30-18 in the paint. However, at the end of regulation, Jackson was able to collect an offensive rebound that led to two free throws that pulled the Hoosiers to 52-50.“Coming into this game, we knew we had our hands full with Thomas and Jackson,” Steinbauer said. “I think we did a good job keeping them off the boards both offensively and defensively, but down the stretch we definitely could have used that one rebound.”Stone echoed her assessment.“Whitney Thomas didn’t have an offensive rebound and she leads the conference, so I think we did a really good job,” Stone said.Both teams also played a relatively clean game as each team had only 13 turnovers apiece. Wisconsin also had 17 assists with D’Alie dishing out five.Despite the loss, Stone was impressed by her team’s effort.“It was another tough loss for our players, but I saw a lot of encouraging things out there,” Stone said. “My hat’s off to players, though, because they played their tails off and really worked hard.”“It’s very hard to forget about a game that was so close,” junior guard Teah Gant said. “We’re a great team, we all support each other, and we just have to make sure we come into practice tomorrow and work hard.”last_img read more