• Repudiation of life insurance claims after revival

From point of view of insurance company as well as prevalent IRDAI guidelines can you guide that if a insurance company has misplaced the original.ot doesn't have a scanned copy of Declaration of good health taken at Revival and also has sufficient treatment apers before Revival.
Can it proceed with REPUDIATION and will it stand legally
Asked 5 years ago in Civil Law

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7 Answers

It will not stand legally 

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

Dear,

         It will not stand legal.

         Ask insurance company to give you in writing about this incident.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Can ask for fresh declaration but cannot repudiate for own wrong. Complain to IRDAI grievance cell.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

No, in case your Insurance claim is repudiated you have to go to the consumer forum and complaint regarding this this is the responsibility up insurance company to keep the documents intact and the client cannot suffer because of the mistakes of the insurance company please claim the insurance claim amount along with the compensation and legal charges

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If the insurance company has clinching evidence to prove that the life assured was suffering from some major ailment/disease prior to taking the policy of Reviving the lapsed policy, non-disclosure of the aid particulars in this connection can be treated as suppression of material facts for taking policy or reviving the lapsed policy.

Therefore the insurance company is right in repudiating the death claim 

T Kalaiselvan
Advocate, Vellore
84997 Answers
2205 Consultations

5.0 on 5.0

No insurance company cannot repudiate your policy. Because it doesn't stand legally.

It discripency om their end not from your end you can complaint to ombudsman of IRDAI.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the insurance company has misplaced the documents.
  2. But, as you talked about repudiation then I would like to guide you that it is your discretion if the company is unable to keep the documents safely then there is no point in continuing.
  3. Yes, you have the option and your step wound also be legally correct.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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