Report No. 112

Chapter 3

Working of the Section and the Problems arising there from

3.1. Judicial decisions.-

Cases which have come up before courts can be classified into three categories, namely-(a) where the policy has lapsed but renewed and the insured died within 2 years of the renewal but more than 2 years after the date of the original policy and the claim was repudiated; (b) where the insured died within 2 years of the date of the policy and the claim was also repudiated within that time; and (c) where the insured died within 2 years of the date of the policy and the claim was repudiated more than 2 years of the date of the policy. In cases of death after 2 years from the date of the policy, there is no difficulty, because section 45 will be applicable and enforced strictly.