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Parth   04 October 2025

Insurance related legal advice

My mother passed away in an accident. She held a health insurance policy that includes fixed-benefit accidental death coverage.

My father predeceased my mother. My brother and I are the only surviving legal heirs of our parents.

I am the sole nominee under the said policy.

For the purpose of claim settlement, the insurance company has requested the following:

1. Furnishing a legal heir certificate

The insurer is asking me to provide a legal heir certificate.

Does the insurer have the legal right to demand such a document, given that a nominee has already been registered under the policy?

Do I have the right to refuse this request, since it does not appear necessary?

(If required, I am willing to provide my brother’s N.O.C. along with an affidavit indemnifying the insurer against any future claims.)

2. Furnishing settlement details of claims with other insurers

The insurer is also asking me to provide details of any claims settled by other insurers with respect to the same event.

Do they have the legal right to request this information?

Since the coverage is fixed-benefit in nature, can the insurer lawfully reduce or deny the claim if another insurer has already paid benefits for the same event?

Please guide. 

Thanks in advance.



Quick Summary
This discussion addresses an individual's query regarding an insurance company's demands for a legal heir certificate and details of claims settled by other insurers, despite a nominee being appointed. Experts clarify that an insurer cannot insist on a legal heir certificate if a valid nomination exists and there's no dispute among heirs. They also state that insurers cannot demand information about claims settled by other companies, nor can they reduce a fixed-benefit claim based on payments from other insurers. The advice suggests escalating the issue to the Insurance Ombudsman or Consumer Commission if the insurer persists with these invalid demands.

 5 Replies

P. Venu (Advocate)     04 October 2025

It appears that the company is overeaching. You can take up the issue with the Insurance Ombudsman.

1 Like

T. Kalaiselvan, Advocate (Advocate)     05 October 2025

1.The insurance company cannot insist on production of legal heirship certificte if there is a valid nomination to the police for claiming the death benefits. 

You can ask them in writing about this and then take it up with the claim review committee or the Customer relationhip Manager at divisional office or with the claims department of the zonal office, if it is government insurance company and if it is private insurance company then you can approach insurance ombudsman or file a complaint with the consumer commission for deficiency in service and unfair trade practice.

2. The insurance company cannot demand the details of claioms settled by a different insurance company, this will also come under unfair trade practice under consumer protection law.

The insurer is bound to comply with the policy conditions on the happening of the event as mentioned therein, therefore the insurance company cannot reduce the claim amount of the policy which will be contradicting the policy conditions, this can be breach of trust as well as illegal act of the insurance company and a fit case for consumer complaint.

1 Like

Dr. J C Vashista (Advocate )     05 October 2025

I fully agree with  the opinion and advise of learned senior experts Mr. P Venu and Mr. T Kalaiselvan.

Demand of insurer is invalid, illegal and beyond their perview.

1 Like

Advocate Bhartesh goyal (advocate)     05 October 2025

Under the Insurance Laws nominee has right to claim death benefits of deceased insured. Insurance Company can not demand heirship certificate of deceased or any other details,Company is legally bound to pay claims to nominee.If Insurance company denies to pay death benefit claims to nominee it will amount their deficiency in services as well as unfare trade practice.In that situation you can knock the doors of Consumer Commission  or make complaint to Insurance Ombudsman.

1 Like

Sristi Nimodia (Legal Consultancy)     07 October 2025

- Insurer cannot insist on a legal heir certificate as a right or obligation where there is a valid nominee. 
- Insurer may insist on legal heir certificate or succession certificate only if:
 • There is a dispute or contest among heirs,  
 • There are multiple claimants,
 • Policy terms so require (but this cannot defeat statutory/judicial norms. 
- IRDAI and RBI do not mandate legal heir certificate if nomination, NOC, and indemnity are in order; emphasis 
is on speedy and non-adversarial claim settlement. 
- The courts have consistently cleared that legal heir certificate is not a statutory requirement for insurers 
if nomination exists and there is no dispute, provided all legal heirs give NOC and indemnity bond. 

- Insurers have no legal right to demand disclosure of details of claims settled by other insurers for the same event, under the principle of utmost good faith and contractual warranty clauses. 
- For fixed-benefit accidental death policies, payouts generally cannot be lawfully reduced or denied solely because other insurers have already paid benefits on the same event. 
- Denial or reduction of benefit-based claims solely due to other insurers' payments is not permitted by law or IRDAI regulations. 

1 Like

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