Policy
Policy
BD MU6W AB 77871107
Email: dhameliyaanand15@gmail.com
Your Policy document is an important legal document and should be kept in a safe place.
This Policy is subject to tax laws prevailing in India. You are kindly advised to consult your
Tax Advisor for the tax benefits available under this Policy.
Free Look Period :
In case you are not agreeable to any of the provisions stated in the Policy, then you have the
option of returning the Policy to us stating the reasons thereof within 15 days [except in case
of electronic policies and policies obtained through Distance Marketing* mode which will have
30 days] from the date of the receipt of the Policy. The cancellation request should be
submitted to your nearest Kotak Life Insurance branch or sent directly to our Head Office. On
receipt of your letter along with the original Policy document we shall arrange to refund the
Premium Paid by you after deducting the proportionate risk Premium, medical charges and
stamp duty. A Policy once returned shall not be revived, reinstated or restored at any point of
Kotak Assured Savings Plan Page 2 of 39
A Non- Participating Endowment Assurance Plan 77871107
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stamp duty. A Policy once returned shall not be revived, reinstated or restored at any point of
time and a new proposal will have to be made for a new Policy.
*Distance Marketing includes every activity of solicitation (including lead generation) and sale
of insurance products through the following modes: (i) Voice mode, which includes telephone
calling (ii) Short Messaging service (SMS) (iii) Electronic mode which includes e-mail, internet
and interactive television (DTH) (iv) Physical mode which includes direct postal mail and
newspaper & magazine inserts and (v) Solicitation through any means of communication
other than in person.
Contact us :
If you notice any discrepancy with respect to your name, personal details or other information
relating to the Policy, please return the Policy documents to us immediately along with a letter
stating the discrepancy. In case of claim or any service request please contact your Life
Advisor or the nearest Kotak Life Insurance Branch. You may also reach us at
https://kli.in/WECARE or call our Customer Service Officers at 18002098800. Please quote
your Policy number and client id number in all your correspondence with us.
We hope this Policy meets your expectations and this is the beginning of a long relationship
with you. It will be our pleasure to serve you, protect you and be with you; assuring you of
our best services at all times.
Best wishes,
Installment Premium [excluding Goods and Guaranteed Maturity Benefit: Rs. 1,641,914.30
Rs. 95,693.00
Services Tax and Cess]:
Next Premium Due: 17/01/2025
Total Installment Premium: Rs. 99,999.00
Payment Mode: Annual
CGST SGST IGST Cess
Description of Goods/Services HSN/SAC Total Discount Taxable
Rate Amt Rate Amt Rate Amt Rate Amt
Code Value
Kotak Assured Savings
997132 95,693 0 23,923.25 0 0 0 0 18 4,306 0 0
Plan(UIN-107N081V05)
Total 95,693 23,923.25 0 0 4,306 0
Part B Definitions 10
~I01B+510+678+~
Benefits Payable
Part C
Payment of Premiums
~I01C+510+635+~
15
Lapse
~I01D+510+570+~
Revival
Surrender Value
18
Part D Reduced Paid-Up
Loans
Vesting on attaining Majority
Free Look Provision
Part E Not Applicable ~I01E+510+515+~ 24
Suicide Exclusion
~I01F+510+415+~
Proof of Age
Fraud and Misstatement
Forfeiture of Policy 25
Part F Assignment and Nomination
Claims
Notice
Electronic Transaction
Jurisdiction
Part G Grievance Redressal System
List of Insurance Ombudsman
Annexure 1: Simplified version of Section 38 ~I01G+510+215+~
Kotak Mahindra Life Insurance Company Limited, is registered with the Insurance Regulatory
& Development Authority of India (hereinafter referred to as “IRDAI”) under the Insurance Act,
1938 (4 of 1938) (hereinafter referred to as the “Act”) as a Life Insurer having Registration
No. 107,and accordingly is engaged in the business of life insurance, which includes its
assigns and successors (hereinafter called “the Company”), has received a Proposal and
Declaration together with first Premium for insurance from the Policyholder named in the
Schedule hereto, and it has been agreed to by the Policyholder that the proposal, declaration
and statements contained and referred to therein are declared to be the basis of this contract
of insurance for the benefits and on the terms stated in the Schedule.
The Company agrees that, subject to realization of the first Premium received and due receipt
of the subsequent Premiums as set out in the Schedule, and subject to terms and conditions
set forth in this Policy contract, it will pay the benefits as mentioned in the Schedule, to the
Claimant as mentioned in the Schedule, on proof:
• of the benefits having become payable as set out in the said Schedule,
• of the title of the said person(s) claiming payment,
• of the correctness of the age of the Policyholder/ Life Insured stated in the proposal if
not previously admitted, and
• of the correctness of all the statements stated in the proposal form, viz., health, family
medical history, occupation, income, personal medical history, existing insurance
details etc.
It is hereby declared that this Policy contract of insurance shall be subject to the conditions
and privileges as hereinafter stated and that the following Schedule and every endorsement
incorporated in this Policy by the Company shall be deemed to be part of the Policy.
In this Policy, unless the context specifies otherwise, references to the Recitals, Clauses,
Schedules and Annexures, if any, shall be deemed to be a reference to the Recitals, Clauses,
Schedules and Annexures of this Policy.
Words and expressions used in this Policy but not defined herein shall, unless the context
specifies otherwise, have the same meaning as defined in the Insurance Act, 1938 and/or any
Rules/Regulations made there under.
This Policy is subject to the Tax Laws* and other legislations prevailing in India. In the event
of any amendments, or change (prospective and retrospective) to any of the provisions of the
said Tax Laws and/or legislations and /or in the event any interpretation adopted by the
Company is held contrary to the position adopted by the Government Authorities, impacting
cash flows, charges, revenue and remuneration accruing from this contract, the Company
reserves the right to revise the Premium(s) or the benefits(s) under this Policy and/or modify
the terms and conditions entailed in this Contract with the prior approval of IRDAI. Any
change, modification, or reversal of the Premium or the benefit by the Company shall be
informed to the Policyholders and cannot be disputed or contested by the Policyholders.
References to any enactment are to be construed as referring to any amendment,
re-enactment (whether before or after the date of signing of the Policy) or enactment that has
replaced the first mentioned enactment (with or without amendment) and to any regulation or
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replaced the first mentioned enactment (with or without amendment) and to any regulation or
order made under it.
* "Tax Laws" means all laws, regulations, legislations including any amendments made in
relation to taxes, levies, imposts, cesses, duties and other forms of taxation, including (but
without limitation) Goods and Services Tax, any other tax which are applicable or may be
applicable on any future date, corresponding to the Premiums or benefits under this Policy
and includes any interest, surcharge, penalty or fine in connection therewith which may be
payable.
In the event that any term, condition or provision of this Policy is held to be in violation of any
applicable Law, Statute or Regulation or if for any reason a court of competent jurisdiction
finds any provision of the Policy or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to give effect to the intent of the Policy,
and the remainder of this Policy shall continue in full force and effect. The Policyholder/
Claimant shall be liable for any amount which is payable under the applicable tax laws to any
competent Governmental Authority in India on the Premium amount or any benefit payable to
such Policyholder/ Claimant by the Company.
Any dispute under this Policy shall be subject to the laws prevailing in India.
Stamp Duty of Rs. 186 /- is paid as provided under Article 47( ) of Indian Stamp Act, 1899 and
included in Consolidated Stamp Duty Paid to the Government of Maharashtra Treasury vide
Order of Addl. Controller Of Stamps, Mumbai at General Stamp Office, Fort, Mumbai - 400001.,
vide this Order No.(ENF-2/LOA/ENF-2/CSD/20/2023/Validity Period Dt. 22/12/2023 To Dt.
22/12/2025/5918 Date :21/12/2023).
b) Rider Details:
Please note if any riders are attached they will form part of the Policy Document by way of an
endorsement or annexure.
c) Nominee Details:
Name of Nominee(s) under Section 39 of the Insurance Act, 1938:
Name of the Age of Gender Name of the Gender of Entitlement Relationship
Nominee(s) Nominee of Appointee where the (%) with the Life
Nominee Nominee is minor Appointee Insured
where
Nominee
is minor
~End1~ Please Note: To enjoy the full benefits under this Policy, please ensure that all Premiums are
paid up to date.
i. Act:
The Insurance Act, 1938, as amended from time-to-time.
ii. Accident:
Accident is a sudden, unforeseen and involuntary event caused by external, visible and
violent means.
iii. Age:
Refers to the age at last birthday of the Life Insured.
Basic Death Benefit is the guaranteed benefit payable on death and is:
For entry age less than 50 years For entry age 50 years and above
Higher of; Higher of;
- 11(Eleven) times of Annualised Premium, - 7 (Seven) times of Annualised Premium,
or or
- Guaranteed Minimum Death Benefit, or - Guaranteed Minimum Death Benefit, or
- 105% of total Premiums Paid (excluding - 105% of total Premiums paid (excluding
any extra premiums) any extra premiums)
vii. Board:
Means the Board of Directors of the Company.
ix. Claimant:
Means, the Policyholder; or the Life Insured; or the Assignee; or the Nominee; or the
legal heir of the Policyholder or the nominee, as the case may be.
6 years 112%
7 years 114%
10 years 120%
xviii. IRDAI:
Means the Insurance Regulatory and Development Authority of India.
xix. Lapse:
Means suspension of the benefits under the Policy upon non-payment of the due
Premiums within the Grace Period. Such suspension shall be effective from the date of
the first unpaid Premium.
xxii. Nominee:
Means the person named in the Schedule to whom the Death Benefit shall become
payable if the conditions specified in Part C of this Policy are satisfied subject to
provisions of section 39 of the Insurance Act, 1938 as amended from time to time.
xxiv. Policy:
Shall mean the contract of insurance entered into between the Policyholder and the
Insurer as evidenced by the Policy Document.
xxv. Policyholder:
Means the person named in the Schedule on whom the contract under this Policy is
executed and owns this Policy and, subject to the terms and conditions of this Policy,
holds all the rights under the Policy
xxviii. Premium:
Means the total initial Premium and subsequent Premiums due and payable under the
Policy. The Premium shall be subject to taxes as may be applicable from time to time.
xxx. Revival:
Means restoration of the lapsed or Reduced Paid-Up Policy in accordance with the
provisions of the Policy Document. Revival may be of the following two types and the
same may be made before the date of maturity of the Policy but, within the timelines
indicated below:
a. ‘Minor Revival’: means revival made within six months from the due date of the first
unpaid Premium causing the Policy to Lapse or get converted to Reduced Paid-Up; and
b. ‘Major Revival’: means revival made after six months but within five years from the
due date of the first unpaid Premium causing the Policy to Lapse or get converted to
Reduced Paid-Up.
xxxi. Surrender:
Means the request by the Policyholder (in prescribed format) to the Company, for
termination of the Policy in accordance with the provisions of the Policy Document.
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xxxii. Words importing the masculine gender shall include the feminine gender and vice
versa.
xxxiii. Words in the singular shall include the plural and vice versa.
A. Benefits Payable
The following benefits are payable provided the Policy is in force.
1. Maturity Benefit:
On Survival of the Life Insured till the end of the Policy term, Guaranteed Maturity Benefit
as defined above will be paid.
2. Death Benefit:
In case of an unfortunate event of death of the Life Insured during the term of the Policy,
the benefits will be sum of:
• Basic Death Benefit (as defined above) and
• Guaranteed Yearly Additions accrued as on the date of death
If the death occurs during Grace Period, the due unpaid Premium (if any) till the date of
death will be deducted from the Death Benefit. If premium payment mode is other than
‘Annual’, the balance of the Premiums for that Policy year will be deducted from the Death
Benefit.
Death Benefit payable under Reduced Paid-Up will be based on Reduced Paid-Up Basic
Sum Assured. For details and conditions, kindly refer to clause ‘Reduced Paid-Up’. Death
benefits are not provided for policies in Lapse mode.
3. Rider Benefits:
Policyholder can opt for Riders anytime during the Policy Term. Riders available under
this Policy are the following and the same shall be subject to the terms and conditions
of the respective Rider:
B. Payment of Premiums
The annual premiums are payable in advance on the anniversary of the date of
commencement of the Policy. However, with the consent of the Company, the premiums
can also be paid by Half-yearly, Quarterly or Monthly installments.
A Grace Period of 30 days from the due date of payment will be allowed for payment of
premiums for all modes other than Monthly. For Monthly mode the Grace Period would
be 15 days from the due date of payment of premiums. Premiums may be revised by the
Company to give effect to any changes in the prevailing tax laws or other legislation. In
the event of Death during the Grace Period and/or before the payment of the premium
then due, and the death claim is admitted, the claim will be settled after deducting the
balance of the Premium then due and the balance of the year's premium for cases where
the Premium is not paid annually in advance.
As a gesture of goodwill, the Company may by way of written intimation remind the
Policyholder when the Premium is due and payable under this Policy. However, it shall be
the sole responsibility of the Policyholder, at all times, to discharge the premium
payment obligations as mentioned in the Policy.
The total Annual Premium payable is the Premium for Basic Benefit: Rs. 95,693.00.
Goods and Services Tax and Cess at prevailing applicable rate will be collected together with the
Premiums.
Special Conditions, if any:
Extra of Rs. 0.00 on Basic Benefit.
Signed for and on behalf of Kotak Mahindra Life Insurance Company Limited at Mumbai on
2024-01-17
~End2~
1. Lapse
If premiums are discontinued anytime during the first two policy years, the policy shall
lapse at the end of the Grace Period.
The Policyholder can revive the Policy as per the procedure mentioned below. In case the
Policy is not revived within 5 years from the date of Lapse, the Policy shall stand forfeited
as per clause 4 of Part F and all the benefit available under the Policy will cease.
The Company may, at its absolute discretion, accept or decline the request for Revival
(made by the Policyholder in writing) of a lapsed Policy or accept the request for revival
on such terms and conditions as it deems fit. Extra risk premiums may be required
based on the underwriting decision. The revival of the Policy will be effective after the
Company's approval is communicated in writing to the Policyholder.
In case the lapsed Policy is not revived within the above mentioned period and before
the date of maturity of the Policy, the same shall stand terminated without paying any
benefit. However, if the Policy is in Reduced Paid-Up mode and is not revived during the
Revival period, it will continue in that mode until maturity.
3. Surrender Value:
The Policy acquires a Surrender Value provided premiums due for at least 2 Policy years
have been paid in full.
On Surrender, the benefits available will be higher of:
• Guaranteed Surrender Value; or
• Special Surrender Value
• ‘X’% of total Premiums paid (excluding Goods and Services Tax and Cess, Rider
premium and Extra Premium, if any); PLUS
• the Value of accrued Guaranteed Yearly Additions (if any)
Where, ‘X’ varies by year of surrender, Premium Payment Term and Policy Term, as
mentioned in the table below:
Premium
Payment Term 5 5 6 6 7 7 10 10
Policy Term 10 15 12 18 14 20 15 20
Policy Year
1 0% 0% 0% 0% 0% 0% 0% 0%
2 30% 30% 30% 30% 30% 30% 30% 30%
3 35% 35% 35% 35% 35% 35% 35% 35%
4 50% 50% 50% 50% 50% 50% 50% 50%
5 50% 50% 50% 50% 50% 50% 50% 50%
6 50% 50% 50% 50% 50% 50% 50% 50%
7 50% 50% 50% 50% 50% 50% 50% 50%
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8 70% 55% 55% 53% 53% 52% 51% 51%
9 90% 61% 65% 57% 58% 56% 53% 54%
10 90% 68% 77% 62% 63% 60% 56% 56%
11 77% 90% 68% 70% 65% 59% 60%
12 87% 90% 75% 80% 70% 65% 63%
13 98% 83% 90% 77% 75% 68%
14 111% 92% 95% 83% 90% 72%
15 125% 101% 91% 90% 77%
16 111% 99% 83%
17 122% 108% 89%
18 135% 118% 95%
19 128% 102%
20 140% 110%
Such Special Surrender Value will be solely determined by the Company at its
discretion, and the same will be quoted in writing by the Company, on receipt of a
written request from the Policyholder
Please note that at all times surrender value payable will be higher of Guaranteed
Surrender Value and Special Surrender Value.
Once the surrender value is paid, all the benefits will cease and the Policy shall be
terminated.
4. Reduced Paid-Up
After the Policy acquires Surrender Value, as defined in Section 5, if the subsequent
premiums are not paid within the Grace Period the Policy will be automatically
converted into a Reduced Paid-Up Policy.
Once the Policy is converted into Reduced Paid-Up Policy, the Policy will not be
eligible for any Guaranteed Loyalty Additions and any future Guaranteed Yearly
Additions.
When the Policy becomes Reduced Paid-Up, Rider Benefits may cease depending
on the features of the Rider Benefits chosen.
(Total Premiums paid/Total Premiums Payable over the Policy term) X Basic Sum
Assured.
On maturity of the Policy after being Reduced Paid-Up, the benefit payable will be sum
of:
• Reduced Paid-Up Basic Sum Assured
• Accrued Guaranteed Yearly Additions
[(Total Premiums paid / Total premiums payable over the Policy term)] × Basic
Death Benefit
On death of the Life Insured during the Policy term after being Reduced Paid-Up, the
benefit payable will be sum of:
• Reduced Paid-Up Basic Death Benefit
• accrued Guaranteed Yearly Additions
A Paid-Up Policy may be revived for the original benefits within 5 years of the date of
Policy becoming Paid-Up as mentioned under “Revival” Clause.
In case of the Policy held by a minor, the Company shall till the date of his/her attaining
majority seek instructions from and enter into all correspondence directly with the Legal
Guardian whose details are made available to the Company. The Company shall not be
held responsible vis-à-vis the Policyholder for any acts executed by it, based on any
instructions issued to it by such a Guardian.
In case you are not agreeable to any of the provisions stated in the Policy, then you have the
option of returning the Policy to us stating the reasons thereof within 15days [except in case of
electronic policies and policies obtained through Distance Marketing* mode which will have 30
days] from the date of the receipt of the Policy. The cancellation request should be submitted to
your nearest Kotak Life Insurance branch or sent directly to our Head Office. On receipt of your
letter along with the original Policy document we shall arrange to refund the Premium Paid by
you after deducting the proportionate risk Premium, medical charges and stamp duty. A Policy
once returned shall not be revived, reinstated or restored at any point of time and a new
proposal will have to be made for a new Policy.
This part deals with applicable charges to unit linked policies and as this is a non-unit
linked policy, this part is not applicable.
In the event of the Life Insured committing suicide within 12 months of the date of
Commencement of Risk of the Policy, no death benefit under the Policy shall be payable.
However, in such case 80% of the Total Premiums* Paid till the date of death will be
payable to the nominee/ Claimant.
In case of Minor Revival done after 12 months from Date of Commencement of Risk of
Policy, Suicide Exclusion shall not be applicable and the Death Benefit under the Policy
shall be payable.
In case of suicide within 12 months of the date of Major Revival, done after one year from
the Date of Commencement of Risk of Policy, the benefit payable shall be higher of 80%
of Total Premiums* Paid till the date of death or Surrender Value (if any) at the date of
death, provided the Policy is in force. In such cases, no death benefit under the Policy
shall be payable.
* Total Premiums include extra premium paid, if any.
2. Proof of Age
The Basic Sum Assured has been calculated on the basis of the age(s) of the Life
Insured / the Policyholder and as declared by him/her in the proposal form. If at a future
date, the age(s) of the Life Insured / the Policyholder is/are found to be different from the
age(s) declared, without prejudice to the Company’s other rights and remedies including
those under the Insurance Act, 1938, and any other laws then prevailing, the benefits will
be calculated based on:
• the correct age(s) at entry;
• the Basic Sum Assured Rates/mortality charges then in force;
• the Premium paid on the Policy;
• eligibility criteria
subject to any additional underwriting required, the other terms and conditions of the
contract remaining the same.
If at a future date, the age is found to be different from the age declared by the
Policyholder/Life Insured, without prejudice to the Company's other rights and remedies
including those under the Insurance Act, 1938, and any other laws then prevailing, the
Company will have the right to recover/refund the difference in the Premium as the case
may be from the Policyholder during the Policy term or at the time of settlement of
his/her claim.
If it is found that the age of the Life Insured is beyond the permissible cover limit, the Company
have the right to cancel the Policy as per the provisions of Insurance Act 1938.
[A Leaflet containing the list of valid age proofs is enclosed in Annexure – 4 for reference].
ii. Nomination is allowed as per Section 39 of the Act, as amended from time-to-time. [A
Leaflet containing the simplified version of the provisions of Section 39 is enclosed in
Annexure – 2 for reference].
iii. In case of lapsation of the Policy, fresh Nomination and Assignment will not be allowed.
iv. The provisions of nomination shall not apply to any policy of the life insurance to which
Section 6 of the Married Women’s Property (MWP) Act, 1874, applies or has at any time
applied. Assignment will not be permitted when the Policy is issued under the MWP Act.
v. By registering the nomination or change in nomination, the Company does not express
any opinion upon the validity nor accepts any responsibility on the nomination.
6. Claims
A. Maturity Claim: In event of completion of policy tenure subject to fulfilment of terms
and conditions of the policy for payment of maturity benefit as defined under Part C
of the policy, the policyholder / assignee as the case may be shall submit the
following documents for processing of the claim to the Company at the earliest.
i. Maturity Payout Form duly filled by the Claimant.
ii. Photocopy of Bank Pass Book/Bank Statement of Claimant, as mentioned above showing
name of Bank, location of Bank Branch, Name of Account Holder, Account No. duly
attested by the concerned Bank or Original Cancelled Cheque copy bearing the
aforesaid details.
iii. Current residential proof and identity proof of Claimant.
iv. Original Policy document.
The Company reserves the right to call for any additional information and documents
required for the validity of a claim. The amount due under this Policy is payable at the
office of the Company situated at Mumbai, but the Company may fix an alternative place
of payment for the claim at any time before or after the Policy has become a claim.
7. Notice
Any notice, information or instruction to the Company must be in writing and delivered to
the address intimated by the Company to the Policyholder which is currently:
Customer Care,
Kotak Mahindra Life Insurance Company Ltd,
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9th floor, Intellion Square (Bldg No. 4), Infinity IT Park,
Gen. AK Vaidya Marg, Malad (E), Mumbai-400 097.
Toll Free: 1800 209 8800
kli.in/WECARE
The Company may change the address stated above and intimate the Policyholder
of such change by suitable means.
The Policyholder is also advised to promptly notify the Company of any change in
his/her address and/or that of his/her nominee to ensure timely and effective
communication of policy related information to the Policyholder
Any notice, information or instruction from the Company to the Policyholder shall be
mailed to the address specified in the proposal form or to the changed address as
intimated to the Company in writing.
8. Electronic Transactions
The Policyholder will adhere to and comply with all such terms and conditions as
prescribed by the Insurer from time to time, and all transactions effected by or through
facilities for conducting remote transactions including the internet, world wide web,
electronic data interchange, call centers, tele-service operations (whether voice, video,
data or any combination thereof) or by means of electronic, computer, automated
machines network or through other means of telecommunication, established by the
Insurer or on behalf of the Insurer, for and in respect of this Policy, or in relation to any of
the Insurer’s products and services, shall constitute legally binding and valid
transactions when executed in adherence to and in compliance with the terms and
conditions for such facilities, as may be prescribed by the Insurer from time to time.
9. Jurisdiction:
Without prejudice to the generality of the aforesaid provisions, this Policy shall be
governed by the laws of India.
2. In case you are not satisfied with the decision of the above office, or have not received any
response within 10 days, you may contact the following official for resolution:
The Grievance Redressal Officer,
Kotak Mahindra Life Insurance Company Ltd,
9th floor, Intellion Square (Bldg No. 4), Infinity IT Park,
Gen. AK Vaidya Marg, Malad (E), Mumbai-400 097.
Toll Free No: 1800 209 8800
Email ID: kli.grievance@kotak.com
3. If you are not satisfied with the response or do not receive a response from us within 15
days, you may approach the Grievance Cell of the Insurance Regulatory and Development
Authority of India (IRDAI) on the following contact details:
IRDAI Grievance Call Centre (IGCC) TOLL FREE NO: 155255 or 1800 4254 732
Email ID: complaints@irdai.gov.in
In case you are not satisfied with the decision/resolution of the Company, you may approach
the Insurance Ombudsman at the address given below if your grievance pertains to:
4. The complaint should be made in writing duly signed by the complainant or by his legal
heirs with full details of the complaint and the contact information of complainant.
5. As per provisions of Insurance Ombudsman Rules, 2017, notification no. GSR 413(E)
[F.NO.14019/22/2010-INS.II], dated 25-4-2017 the complaint to the Ombudsman can be
made:
o Only if the grievance has been rejected by the Grievance Redressal Machinery of the
Insurer
o Within a period of one year from the date of rejection by the Insurer
o If it is not simultaneously under any litigation.
List of Insurance Ombudsman:
Ahmedabad: Bengaluru:
01. This policy may be transferred/assigned, wholly or in part, with or without consideration.
02. An Assignment may be effected in a policy by an endorsement upon the policy itself or by a
separate instrument under notice to the Insurer.
03. The instrument of assignment should indicate the fact of transfer or assignment and the
reasons for the assignment or transfer, antecedents of the assignee and terms on which
assignment is made.
04. The assignment must be signed by the transferor or assignor or duly authorized life
advisor and attested by at least one witness.
05. The transfer of assignment shall not be operative as against an insurer until a notice in
writing of the transfer or assignment and either the said endorsement or instrument itself
or copy there of certified to be correct by both transferor and transferee or their duly
authorised life advisors have been delivered to the insurer.
06. Fee to be paid for assignment or transfer can be specified by the Authority through
Regulations.
07. On receipt of notice with fee, the insurer should Grant a written acknowledgement of
receipt of notice. Such notice shall be conclusive evidence against the insurer of duly
receiving the notice.
08. If the insurer maintains one or more places of business, such notices shall be delivered
only at the place where the policy is being serviced.
09. The insurer may accept or decline to act upon any transfer or assignment or endorsement,
if it has sufficient reasons to believe that it is
a. not bonafide or
b. not in the interest of the policyholder or
c. not in public interest or
d. is for the purpose of trading of the insurance policy.
10. Before refusing to act upon endorsement, the Insurer should record the reasons in writing
and communicate the same in writing to Policyholder within 30 days from the date of
policyholder giving a notice of transfer or assignment.
11. In case of refusal to act upon the endorsement by the Insurer, any person aggrieved by the
refusal may prefer a claim to IRDAI within 30 days of receipt of the refusal letter from the
Insurer.
12. The priority of claims of persons interested in an insurance policy would depend on the
date on which the notices of assignment or transfer is delivered to the insurer; where there
are more than one instruments of transfer or assignment, the priority will depend on dates
of delivery of such notices. Any dispute in this regard as to priority should be referred to
Authority.
13. Every assignment or transfer shall be deemed to be absolute assignment or transfer and
the assignee or transferee shall be deemed to be absolute assignee or transferee, except
a. where assignment or transfer is subject to terms and conditions of transfer or
assignment OR
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b. where the transfer or assignment is made upon condition that
i. the proceeds under the policy shall become payable to policyholder or nominee(s) in the
event of assignee or transferee dying before the insured OR
ii. the insured surviving the term of the policy
Such conditional assignee will not be entitled to obtain a loan on policy or surrender the
policy. This provision will prevail notwithstanding any law or custom having force of law
which is contrary to the above position.
14. In other cases, the insurer shall, subject to terms and conditions of assignment, recognize
the transferee or assignee named in the notice as the absolute transferee or assignee and
such person
a. shall be subject to all liabilities and equities to which the transferor or assignor was
subject to at the date of transfer or assignment and
b. may institute any proceedings in relation to the policy
c. obtain loan under the policy or surrender the policy without obtaining the consent of the
transferor or assignor or making him a party to the proceedings
15. Any rights and remedies of an assignee or transferee of a life insurance policy under an
assignment or transfer effected before commencement of the Insurance Laws
(Amendment) Act, 2015 shall not be affected by this section.
Section 45 – Policy shall not be called in question on the ground of mis-statement after three
years
Provisions regarding policy not being called into question in terms of Section 45 of the
Insurance Act, 1938, as amended by Insurance Laws (Amendment) Act, 2015 are as follows:
01. No Policy of Life Insurance shall be called in question on any ground whatsoever after
expiry of 3 yrs from
a. the date of issuance of policy or
b. the date of commencement of risk or
c. the date of revival of policy or
d. the date of rider to the policy
whichever is later.
02. On the ground of fraud, a policy of Life Insurance may be called in question within 3 years
from
a. the date of issuance of policy or
b. the date of commencement of risk or
c. the date of revival of policy or
d. 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.
03. Fraud means any of the following acts committed by insured or by his life advisor with
the intent to deceive the insurer or to induce the insurer to issue a life insurance policy:
a. The suggestion, as a fact of that which is not true and which the insured does not believe
to be true;
b. The active concealment of a fact by the insured having knowledge or belief of the fact;
c. Any other act fitted to deceive; and
d. Any such act or omission as the law specifically declares to be fraudulent.
04. Mere silence is not fraud unless, depending on circumstances of the case, it is the duty of
the insured or his life advisor keeping silence to speak or silence is in itself equivalent to speak.
05. 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.
06. 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.
07. 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.
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08. 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.
09. 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.
Birth Certificate
School / College Leaving Certificate, provided – it specifies Date of Birth, States that
Date of Birth is extracted from School / College Records, Stamped and signed by
College / School
Passport
Driving license
PAN Card
Ration Card, which specifies the Date of Issue of the Ration Card and the Date of Birth
or Age of the Life to be Insured
Election ID card (also called voters ID) issued by the Election Commission of India can
be accepted as valid age proof provided it was issued before the date of the insurance
proposal.
Extract from service register in case of:
o Government and semi-government employees
In case of defense/central government/ state government personnel, identity card
issued respectively by the defense department /central government/ state government
to their personnel showing, inter alias, the date of birth or age
Marriage certificate in the case of Roman Catholics issued by Roman Catholic Church
Domicile certificate in which the date of birth stated was proved on the strength of the
school certificate or birth certificates.