C) Tax Benefits: Tax benefits may apply to premiums and benefits as per the Income Tax Act, 1961. Consult your tax advisor.
D) Free-Look Cancellation: If dissatisfied, return the policy within 30 days of receipt with reasons for a refund, minus proportionate risk premium, medical costs, and stamp duty. Original policy not needed for dematerialised policies.
E) Underwriting Extra Premium: Sub-standard lives and smokers may be charged an extra premium based on the underwriting policy.
F) Policy Loan: Not available.
G) Nomination (Section 39): Policyholder can nominate person(s) to receive policy money upon death. A guardian can be appointed for a minor nominee. A nomination can be made at any time before maturity, recorded in the policy, endorsed, or communicated to and registered with the insurer. A nomination can be cancelled or changed before maturity by endorsement, further endorsement, or a will, and requires written notice to the insurer. Bona fide payment to a prior nominee is valid without notice. A fee may apply for registration. Policy transfer/assignment (Section 38) cancels nomination, except for loan/security assignment, which revives upon loan repayment. Section 39 doesn't apply to policies under the Married Women's Property Act, 1874 (MWP Act), unless specifically favoring the spouse or children and noted as such.
H) Assignment (Sec 38): A policy can be wholly or partly transferred/assigned via endorsement or separate instrument, with notice to the Insurer. The instrument must detail the transfer, reasons, assignee's background, and terms, signed by the assignor/transferor or agent and attested. The assignment is effective only after the Insurer receives written notice and the original/certified copy, potentially subject to a fee. The Insurer provides written acknowledgment. The Insurer can refuse non-bona fide assignments, those against policyholder/public interest, or those for trading, with an appeal option to IRDAI within 30 days.
Note: Sections G and H are simplified summaries. Refer to Sections 38 and 39 of the Insurance Act, 1938.
I) Prohibition of Rebates (Sec 41): Offering or accepting any rebate on commission or premium as an inducement is prohibited, except as published in the insurer's prospectuses. Violation incurs a penalty of up to ten lakh rupees.
J) Non-Disclosure (Section 45): A policy cannot be questioned after three years from the latest of issuance, risk commencement, revival, or rider. Within three years, a policy can be questioned for fraud (insurer must provide written grounds and materials). Repudiation for fraud is invalid if the insured proves unintentional misstatement/suppression or if the fact was known to the insurer; the deceased policyholder's beneficiaries bear the onus of disproving fraud. Within three years, a policy can also be questioned for an incorrect statement/suppression of a material fact affecting life expectancy (the insurer must provide written grounds). If repudiation is based on misstatement/suppression but not fraud, collected premiums must be returned within ninety days. Proof of age can be sought at any time, and policy adjustments based on subsequent proof are not considered questioning the policy.
K) Fraud or Misstatement: If fraud or misstatement (including non-disclosure) is established per Section 45, the Policy cancels immediately, and the Surrender Value is paid.
L) Insurance Laws Amendment: This is a simplified summary; refer to the Original Ordinance Gazette Notification (December 26, 2014) for complete details.
M) Taxes: Indirect taxes/levies will be charged (potentially added to premiums/charges). Direct taxes will be deducted from policy payments per the Income Tax Act, 1961.
N) Electronic Insurance Account (eIA): Policyholders can hold dematerialized policies in a password-protected online eIA, simplifying access, payments, address changes, and eliminating future KYC needs. More information is on the HDFC Life website. |
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