Legal Question in Insurance Law in India

My cheque to Star Insurance Company was cashed on 16th Dec. The representative of the company had told me that on 17th evening i would get a confirmation of my insurance policy on SMS. When there was no information from the company till 30th December, i sent a mail to their controlling offices and the branch office. I got a mail that the rep had left the company bla bla and they will take note to issue the policy etc. Thereafter some one from the company called me that a form for medicl was sent to me on 26th December, which was not received by me . I also got a mail apologising for the lapse from the company side.

On 9th January midnight i had to be admitted to a hospital and got operated for Apendicitis on 10th night. I got discharged on 12th evening. Now, the company officials are only replying that the form was sent to me on 26th Dec which was not received back by them undelivered, whereas i had already informed the company on 30th that no such form was received by me. Now i need to claim of expenditure. Kindly advise.

ashok kashi rao



Asked on 1/13/14, 2:01 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Since you paid the premium on time, you can claim that amount even if the policy was not in operation at that particular moment. The lapse is on the side of the company which certainly constitute deficiency as per C.P.Act. You should serve a legal notice. If they fail to pay, you can file a complaint in consumer forum.


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Answered on 1/13/14, 7:30 am

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