On 10 July 2009, a two-judge bench of the Supreme Court — Justice D.K. Jain authoring, with Justice R.M. Lodha on the panel — imported the English 'prudent insurer' test of materiality into Indian mediclaim jurisprudence and crystallised the insured's positive duty of disclosure at the proposal stage. The judgment held that a mediclaim policy is a contract of uberrimae fidei, that the insured is bound to disclose health conditions material to the risk regardless of whether the proposal form asks the specific question, and that consumer forums cannot override the uberrimae fidei architecture to reach equity outcomes.