Applicability of Provisions of Limitation Act 1963 on insurance claims

FCS Deepak Pratap Singh | Last updated: 05 May 2023

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The Limitation Act 1963 sets statutory timeframes for legal actions, including insurance claims. For death claims, the limitation period is typically three years from the date of death or from when the insurer denies the claim. Similarly, for other insurance policies, the three-year period starts from the occurrence of loss or claim denial. Importantly, the Act aims to prevent claims from being revived after they've expired, ensuring that the latter part of the limitation period for denial only applies if the claim was initially filed within the first prescribed timeframe.

As you are aware that the maxim ignorantia juris non-excusat, or ignorance of the law is no excuse, implies that the Court presumes that every party is aware of the law and hence cannot claim ignorance of the law as a defense to escape liability. This Latin maxim and its wide legal spillovers belong to the common law system. The law of limitation finds its root in the maxims Interest Reipublicae Ut Sit Finis Litium which means that in the interest of the state as a whole there should be a lim

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1 Year PLAN

1999

(Excl. of GST ₹359)

BEST VALUE

2 Years PLAN

3499

(Excl. of GST ₹629)

3 Months PLAN

999

(Excl. of GST ₹179)

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About the Author

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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