Lesson 5 of 8 · Life Insurance Claims — In Depth

Claim Investigation — When & Why Insurers Investigate

Why and when life insurers investigate death claims, what investigators look at, how section 45 of the Insurance Act limits the use of what they find, and the time limit that applies to an investigated claim.

Fact-checked 8 October 20263 practice questions in the game

What investigation is for

Claim investigation is the insurer's check that a death claim is genuine and that the proposal was truthful. Life insurance is priced on what the proposer declares about health, habits, occupation and income, so the insurer has a legitimate interest in confirming those declarations when a claim arises.

An insurer may look into any claim. Investigation is not an accusation; it is a check of facts.

What prompts it and what is checked

Common triggers are an early death, meaning a death soon after the policy starts or is revived, a large sum assured relative to income, suicide, and a suspicious cause or circumstances of death. The way premiums are paid, whether by auto-debit, online or cheque, is not a trigger.

Investigators check three things: the medical history of the life assured, the circumstances of the death, and the answers given in the proposal. The aim is to see whether a material fact was misstated or suppressed, or whether the claim itself is not genuine.

The limit set by section 45

Section 45 of the Insurance Act, 1938 limits what the insurer can do with its findings. A life policy can be called in question only within three years of the latest of the date of issue, commencement of risk, revival or a rider, and only for fraud or material misstatement, with the grounds given in writing. After three years no challenge is possible. The section's heading still says two years, but its text, as amended in 2015, says three.

This is why early deaths attract attention: they fall in the period in which the insurer is still allowed to contest the policy.

A fact that was disclosed cannot later be called non-disclosure. If the proposer disclosed a condition and the insurer accepted the risk, with or without an extra premium, the insurer cannot repudiate for non-disclosure of that condition, and section 45 bars a fraud plea where the fact was within the insurer's knowledge. The claim is then assessed like any other under the policy terms, so an exclusion written into the policy could still apply.

The clock keeps running

Investigation does not suspend the insurer's deadline. An investigated claim must still be decided and paid within 45 days of intimation under the Master Circular on Protection of Policyholders' Interests of 5 September 2024; older material quotes 90 days. A late payment carries interest at bank rate plus 2% from the date of intimation.

Rules at a glance

Period for contesting a life policy3 years from the latest of issue, commencement of risk, revival or riderInsurance Act, 1938, section 45, as amended in 2015; heading still says two years
Grounds within the periodFraud or material misstatement, with grounds in writingInsurance Act, 1938, section 45
Fact known to the insurerNo fraud plea where the fact was within the insurer's knowledgeInsurance Act, 1938, section 45
Investigated death claimDecided and paid within 45 days of intimationIRDAI Master Circular on Protection of Policyholders' Interests, 5 September 2024; earlier 90 days
Interest for delayBank rate plus 2% from the date of intimationIRDAI Master Circular on Protection of Policyholders' Interests, 5 September 2024
Illustration

A disclosed illness and an early death

Illustration: Meenakshi discloses diabetes in her proposal, and the insurer issues the policy with an extra premium. She dies of diabetes complications 14 months later. The claim is intimated on 1 July and, because the death is early, the insurer investigates.

The investigation confirms what the proposal already said. The insurer cannot repudiate for non-disclosure of the diabetes, since it was disclosed and accepted. The claim is assessed under the policy terms and, having been investigated, must be decided and paid within 45 days of intimation, that is by 15 August.

Key points

  • Investigation checks that the claim is genuine and that the proposal was truthful.
  • Common triggers are early death, a large sum assured relative to income, suicide and suspicious circumstances; the mode of premium payment is not one.
  • Investigators look at medical history, the circumstances of death and the proposal answers.
  • Under section 45 the findings can be used to contest a policy only within three years, and only for fraud or material misstatement, with written grounds.
  • An investigated claim must be decided and paid within 45 days of intimation.

Common misunderstandings

  • An investigation is not a rejection: it is a check, and the claim must still be decided and paid within 45 days of intimation.
  • Paying by auto-debit, online or by cheque does not prompt an investigation.
  • Section 45 is not a two-year rule any longer: the text says three years, although the heading was not updated.
  • A disclosed and accepted condition cannot be turned into non-disclosure, though a policy exclusion could still apply.

Questions people ask

Can an insurer investigate a claim on a ten-year-old policy?

It may look into any claim, but after three years section 45 bars it from calling the policy in question, so findings about the proposal cannot be used to contest the policy.

Why do deaths soon after a policy starts attract investigation?

Because they fall within the three years in which section 45 lets the insurer contest the policy for fraud or material misstatement.

Does investigation extend the time for payment beyond 45 days?

No. The claim must be investigated, decided and paid within 45 days of intimation, and delay carries interest at bank rate plus 2%.

What this lesson relies on

  • Insurance Act, 1938 — section 45
  • IRDAI Master Circular on Protection of Policyholders' Interests (5 September 2024) — claim timelines and interest

This lesson was reviewed independently against these sources on 8 October 2026. Rules change: check the current regulation, scheme document or policy wording before relying on any figure. This is education, not advice.

Free learning from the Trustner Group. Trustner Academy is an education initiative of the Trustner Group, whose companies work across insurance broking and investment services, with offices in Bangalore, Guwahati, Kolkata, Hyderabad and Mumbai. Everything here is for learning only — it is not advice, a recommendation or an offer of any product. Scenarios are illustrative. Rules and figures change; check the current regulation, scheme document or policy wording before acting on anything.