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Why insurers investigate death claims in the first years of a policy

Written for policyholders in India · Last reviewed 2026-10-10

For three years after the latest of a life policy's issue, risk-start, revival or rider date, the insurer can still question the policy for fraud or a material misstatement, which helps explain why claims in that period get a closer look. IRDAI's 2024 master circular gives it 45 days from intimation to finish the investigation and settle such a claim. A refusal must rest on legally tenable evidence, with the grounds and materials given to the family in writing.

An investigation is not an accusation. It is the insurer checking, before it pays, whether the policy can still be questioned — and in the early years the law says it can.[1]

Why the early years are different

Section 45 of the Insurance Act lets an insurer question a life policy for fraud, or for a material misstatement in the proposal, only within three years of the latest of the issue, risk-start, revival or rider date. After that, it cannot question the policy on any ground. This helps explain why an early claim gets a closer look: it is the only period in which the policy can be questioned for what the proposal said.[1]

An insurer's own claim requirements can say so. LIC, for example, asks claimants to contact the servicing branch for additional requirements if death occurs within three years of the date of risk or of revival.[2]

How long the investigation can take

IRDAI's 2024 master circular gives a death claim that warrants investigation 45 days from the date of intimation, and that period covers both the investigation and the payment. The circular does not define which claims warrant investigation. If the claim is not settled in time, interest at the bank rate plus 2% runs from the date of intimation, and the insurer should pay it without being asked.[3]

What the review compares

Because the grounds open in this period are fraud and material misstatement, the comparison that matters is between what was stated in the proposal form — or in the document on which the policy was revived or a rider issued — and the medical and other records from before that date.[1]

What the family can do while it runs

  1. Answer requests in writing.

    Reply by letter or email and keep copies. The 2024 Regulations require insurers to ask for all the documents the policy lists at one go, not piece by piece.[4]

  2. Note the date you intimated the claim.

    The 45 days are counted from that date. Put the end date in your calendar.[3]

  3. Read before you sign.

    If an investigator asks you to sign a statement, read it fully, correct anything that is not what you said, and ask for a copy.

  4. Ask for reasons in writing if the claim is refused.

    IRDAI's circular says a claim cannot be repudiated without legally tenable evidence, and within the three-year period Section 45 requires the grounds and materials to be given in writing.[3, 1]

  5. Escalate a delay.

    If the 45 days pass, write to the insurer's grievance officer; it should resolve a complaint within 14 days. Life claim delays covers the next steps.[3]

Be careful

An investigation report is the insurer's document. If the claim is refused on the strength of it, ask for the material relied on: Section 45 requires the grounds and materials to be communicated in writing.[1]

Sources

The official documents this page relies on. Rules change: where it matters to your claim, check the current version at the source.

  1. 1. Legislative Department, Ministry of Law and Justice (India Code consolidated text) – copy hosted by the International Financial Services Centres Authority

    The Insurance Act, 1938 (Act No. 4 of 1938), consolidated text as on 15 April 2026

    Dated 2026-04-15 · Accessed 2026-10-10 · Cited at: Insurance Act, 1938 (4 of 1938), consolidated text on India Code as on 15 April 2026, section 45(2), page 60; Insurance Act, 1938 (4 of 1938), consolidated text on India Code as on 15 April 2026, section 45(1), page 60; Insurance Act, 1938 (4 of 1938), consolidated text on India Code as on 15 April 2026, proviso to section 45(2), page 60 (a proviso in almost the same words follows s.45(4), page 61); Insurance Act, 1938 (4 of 1938), consolidated text on India Code as on 15 April 2026, section 45(1) (the same dates recur in s.45(2) and (4)), page 60; Insurance Act, 1938 (4 of 1938), consolidated text on India Code as on 15 April 2026, section 45(4), page 61

    Read from a copy hosted at ifsca.gov.in · Official page

  2. 2. Life Insurance Corporation of India (LIC)

    Claims Settlement Requirements (page last updated 29/07/2025)

    Dated 2025-07-29 · Accessed 2026-10-09 · Cited at: LIC, 'Claims Settlement Requirements' page, Death Claims section

  3. 3. IRDAI (scanned copy of the circular, hosted by caalley.com)

    Master Circular on Protection of Policyholders' Interests, 2024 – Ref IRDAI/PP&GR/CIR/MISC/117/9/2024 dated 5 September 2024 (full scanned text with IRDAI letterhead; OCR text layer)

    Dated 2024-09-05 · Accessed 2026-10-09 · Cited at: IRDAI Master Circular on Protection of Policyholders' Interests (IRDAI/PP&GR/CIR/MISC/117/9/2024, 5 Sep 2024), Section 1, Part A (Life), V.2 table row 2, printed page 15; IRDAI Master Circular on Protection of Policyholders' Interests (IRDAI/PP&GR/CIR/MISC/117/9/2024, 5 Sep 2024), Section 1, Part A (Life), V.2 para 2, printed page 15; IRDAI Master Circular on Protection of Policyholders' Interests (IRDAI/PP&GR/CIR/MISC/117/9/2024, 5 Sep 2024), Section 1, Part A (Life), IV.6 'Policy cannot be contested', printed page 14; IRDAI Master Circular on Protection of Policyholders' Interests (IRDAI/PP&GR/CIR/MISC/117/9/2024, 5 Sep 2024), Section 1, Part A (Life), VI.2(i), printed page 19

    Read from a copy hosted at caalley.com · Official page

  4. 4. Gazette of India (Extraordinary, Part III Sec 4), hosted by Department of Financial Services, Ministry of Finance

    IRDAI (Protection of Policyholders' Interests, Operations and Allied Matters of Insurers) Regulations, 2024, F. No. IRDAI/Reg/11/205/2024, Hyderabad, 20 March 2024

    Accessed 2026-10-09 · Cited at: IRDAI (Protection of Policyholders' Interests, Operations and Allied Matters of Insurers) Regulations, 2024, regulation 23(4)

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