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Proposal form forged by insurance company and change the term, advise
26-Jan-2023 (In Insurance Law)
I purchased a insurance for my home loan in 2012 . the agent asked me to fill the proposal form where it was mentioned that my home loan will be insured for 20 years . but in 2015 i came to know that my home loan is insured only for 5 years (the proposal form which i signed for 20 years had not been submitted but a different proposal form with my forged signature had been submitted to insurance company). i informed the company and they are saying that we had sent me a insurance policy documents with all term and condition if you had any issue you should have informed us (i could not inform earlier because i did not open policy document be-cause i was under impression that policy is for 20 years as i filled on proposal not aware that my signed proposal form has been exchanged with forged proposal form) can i take any action against agent/insurance company for forging my signature and proposal form and changing the term from 20 years to 5 years
Ideally when you renew an insurance policy, and do not pass on any instructions to the insurance company to change / modify the terms of your insurance, all the terms and conditions of your prior insurance policy are supposed to be carried on to your renewed insurance policy.
Said this, the merit of your appeal lies in the fact if you instructed your Insurance provider, through a renewal form which was duly filled and signed by you, to renew your Insurance policy or was it done through a regular procedure wherein you paid them a renewal premium cheque without filling in any renewal form.
In case you filled the renewal form, you might want to review the terms and conditions and the applicable benefits to be renewed. Was the 0% Depreciation benefit checked by you in the renewal form?
In the regular case, i.e. wherein you did not fill the renewal form and just gave the insurance provider a renewal cheque, you may claim to be compensated for the benefits of your previous insurance policy that should have by default be passed on to you.
You must make a written representation to the zonal Insurance Company office stating all the facts as mentioned in your query and as per suggestion provided above. In case you do not get the desired relief, you may send them a Legal Notice through a Lawyer to get you the required compensation failing which, you may approach the Consumer Court for the deficiency of services rendered to you by your Insurance Provider.
Kindly contact us if you would like to initiate the process of sending across a Legal Notice in case the written representation to the Insurance company does not get you the desired relief.
Said this, the merit of your appeal lies in the fact if you instructed your Insurance provider, through a renewal form which was duly filled and signed by you, to renew your Insurance policy or was it done through a regular procedure wherein you paid them a renewal premium cheque without filling in any renewal form.
In case you filled the renewal form, you might want to review the terms and conditions and the applicable benefits to be renewed. Was the 0% Depreciation benefit checked by you in the renewal form?
In the regular case, i.e. wherein you did not fill the renewal form and just gave the insurance provider a renewal cheque, you may claim to be compensated for the benefits of your previous insurance policy that should have by default be passed on to you.
You must make a written representation to the zonal Insurance Company office stating all the facts as mentioned in your query and as per suggestion provided above. In case you do not get the desired relief, you may send them a Legal Notice through a Lawyer to get you the required compensation failing which, you may approach the Consumer Court for the deficiency of services rendered to you by your Insurance Provider.
Kindly contact us if you would like to initiate the process of sending across a Legal Notice in case the written representation to the Insurance company does not get you the desired relief.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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