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Following an order by the Delhi High Court on March 19, 2018, the Insurance Regulatory and Development Authority of India (Irdai) sent directives to all General and Health insurers to not include ‘Genetic Disorders’ as one of the exclusions in new health insurance policies. The insurers will have to de-list ‘Genetic Disorders’ from the list of exclusions in respect of all their existing health insurance products and also in the new products launched and/or filed with the regulator.
In United India Insurance Company Limited v/s Jai Prakash Tayal, the Delhi High Court held that the exclusionary clause of ‘Genetic Disorders’ in health insurance policies was too broad, ambiguous and discriminatory.
Therefore, such conditions were violative of Article 14 of the Constitution of India and the court directed Irdai to re-look at these exclusionary clauses and ensure that insurance companies do not reject claims on the basis of expulsions related to genetic disorders. Some of the most common Genetic Disorders include Down syndrome, Hunington’s disease, Hemophilia, Thalassemia, Cystic Firbrosis and Sickle Cell Anaemia, among many others.
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