What is Section 45 of Insurance Act 1938

Section 45 – Policy shall not be called in question on the ground of mis-statement after three years

  1. No Policy of Life Insurance shall be called in question on any ground whatsoever after expiry of 3 yrs from
    1. the date of issuance of Policy or
    2. the date of commencement of risk or 
    3. the date of Revival of Policy or
    4. the date of rider to the Policy

            whichever is later.

  1. On the ground of fraud, a Policy of Life Insurance may be called in question within 3 years from
    • the date of issuance of Policy or
    • the date of commencement of risk or
    • the date of Revival of Policy or
    • the date of rider to the Policy whichever is later.

           For this, the insurer should communicate in writing to the insured or legal representative or Nominee or Assignees of insured, as                applicable, mentioning the ground and materials on which such decision is based.

  1. Fraud means any of the following acts committed by insured or by his agent, with the intent to deceive the insurer or to induce the insurer to issue a life insurance Policy:
    • The suggestion, as a fact of that which is not true and which the insured does not believe to be true
    • The active concealment of a fact by the insured having knowledge or belief of the fact;
    • Any other act fitted to deceive; and
    • Any such act or omission as the law specifically declares to be fraudulent.
  1. Mere silence is not fraud unless, depending on circumstances of the case, it is the duty of the insured or his agent keeping silence to speak or silence is in itself equivalent to speak.
  1. No Insurer shall repudiate a life insurance Policy on the ground of Fraud, if the Insured / beneficiary can prove that the misstatement was true to the best of his knowledge and there was no deliberate intention to suppress the fact or that such mis-statement of or suppression of material fact are within the knowledge of the insurer. Onus of disproving is upon the Policyholder, if alive, or beneficiaries.
  1. Life insurance Policy can be called in question within 3 years on the ground that any statement of or suppression of a fact material to expectancy of life of the insured was incorrectly made in the proposal or other document basis which Policy was issued or revived  or  rider issued. For this, the insurer should communicate in writing to the insured or legal representative or Nominee or Assignees of insured, as applicable, mentioning the ground and materials on which decision to repudiate the Policy of life insurance is based.
  1. In  case  repudiation  is  on  ground  of  mis-statement  and  not  on  fraud,  the  Premium collected on Policy till the date of repudiation shall be paid to the insured or legal representative or Nominee or Assignees of insured, within a period of 90 days from the date of repudiation.
  1. Fact  shall  not  be  considered  material  unless  it  has  a  direct  bearing  on  the  risk undertaken by the insurer. The onus is on insurer to show that if the insurer had been aware of the said fact, no life insurance Policy would have been issued to the insured.

      9. The insurer can call for proof of age at any time if he is entitled to do so and no Policy shall be deemed to be called in question                merely because the terms of the Policy are adjusted on subsequent proof of age of life insured. So, this Section will not be                      applicable for questioning age or adjustment based on proof of age submitted subsequently.

 

[Disclaimer: This is not a comprehensive list as mentioned Insurance Act 1938 (as amended from time to time) but, only a simplified version prepared for general information. Policy Holders are advised to refer to the Act for complete and accurate details.]