Page 49 - IC23 life insurance application
P. 49

and conditions decided by the insurer. The proposer further agrees to keep the


                   insurer  informed  of  any  changes  in  the  position  relating  to  his  health  or  his

                   occupation between now and the issuance of the first premium receipt.



               It is thus clear that after the insurer has issued the first premium receipt, the contract


               is said to have concluded and thereafter the insurer has no right to change the terms

               of the contract.



               However,  the  insurer  has  a  right  to  offer  any  term  and  condition  before  the  final

               acceptance of the insurance. For example, in case of a female proposer, the insurer


               may  not  agree  to  accept  the  risk  of  the  childbirth.  In  case  of  certain  hazardous

               occupation like commercial pilots, the insurer may like to exclude the risk to life due


               to  such  occupation.  In  case  of  certain  deformity,  the  risk  of  accident  can  be

               excluded. These exclusions of risks are not normal terms of the policy contract and


               therefore have to elicit consent of the proposer. In case of a substandard health, the

               insurer  may  like  to  accept  a  reduced  risk  during  the  first  one  or  two  years  of  the


               insurance. The consent of the insured is a must for such limitations to be imposed.

               All  such  special  conditions  or  riders  are  mentioned  in  the  policy  either  by  an


               endorsement or attachment to the document. If the insurer has taken a Convertible

               Whole Life Plan which is to be converted to an endowment plan after 5 years, the

               necessary condition is endorsed on the policy.



               The terms and conditions as mentioned in the policy  along with such endorsements


               as made on the back of the policy govern the insurance contract and are open to be

               interpreted by a court. However it may be noted that agents confidential report and


               the  medical  examination  (confidential)  report  are  not  part  of  the  contract  for

               insurance.




                              Copyright Dr Rakesh Agarwal   Sashi Publications Private Limited



                      Sashi Publications Pvt Ltd Call 8443808873/ 8232083010
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