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Section 45: when a life insurance claim cannot be questioned (the 3-year rule)

Section 45 of the Insurance Act, 1938 is one of the strongest protections the law gives a life-insurance policyholder's family.

After 3 continuous years

Once a life policy has been in force for three continuous years, it cannot be called in question on ANY ground — not misstatement, not non-disclosure. A repudiation on those grounds cannot stand; other policy conditions, like the policy actually being in force, still apply.

Within the first 3 years

Inside that window, an insurer may question the policy only on the ground of fraud, and only with the grounds given to the claimant in writing.

Even fraud has limits

Section 45(3): an insurer cannot repudiate for fraud if the insured can show the statement was true to the best of their knowledge, or there was no deliberate intent to suppress, or the fact was already within the insurer's knowledge.

Source: Insurance Act 1938, §45 (substituted by the Insurance Laws (Amendment) Act 2015).

Frequently asked

Can a life insurance claim be rejected after 3 years?

Once the policy has been in force for three continuous years, Section 45 bars calling it in question on ANY ground — not misstatement, not non-disclosure — so a repudiation on those grounds cannot stand. Other policy conditions, like the policy actually being in force, still apply.

What can the insurer do within the first 3 years?

It may question the policy only on the ground of fraud, and only with the grounds given to the claimant in writing.

Does an allegation of fraud always defeat the claim?

No. Under Section 45(3) the insurer cannot repudiate for fraud if the insured can show the statement was true to the best of their knowledge, there was no deliberate intent to suppress, or the fact was already within the insurer's knowledge.

Insurance Act 1938, §45 (as substituted by the Insurance Laws (Amendment) Act 2015) · As of 2026-06-24