Public sector firms cannot deny health cover for pre-existing diseases, says Indian Supreme Court. Doing so would be arbitrary, illegal and unconstitutional.

The Supreme Court said that public sector insurance companies, in particular, cannot indulge in such unhealthy practice as they are 'State' within the meaning of Article 12 of the Constitution and were expected to be fair and reasonable in their dealings with the public.

"Only because the insured had started suffering from a disease, the same would not mean that the said disease shall be excluded. If the insured had made some claim in each year, the insurance company should not refuse to renew insurance policies only for that reason," the bench said in its judgement.

A bench of Justices S B Sinha and V S Sirpurkar also asked the Insurance Regulatory Development Authority to frame suitable guidelines to ensure that insurance companies, both from public sector and private sector, do not indulge in the unethical practice of denying medical insurance facility to the public.

The Supreme Court was dismissing a batch of petitions filed by public sector insurance companies against the Delhi and Gujarat high court directions that they had no right to deny medical insurance facility to those suffering from pre-existing diseases or diseases contracted during the subsistence of a policy.

The insurance companies had come in appeal before the Supreme Court in connection with three cases in which they had refused to provide medical insurance policies on the ground that the insured persons were suffering from pre-existing diseases.