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Health claim rejected for a pre-existing disease

My health insurer rejected the claim saying I hid a pre-existing disease. What does the rule say?

Under IRDAI's rules a pre-existing disease is a condition a doctor diagnosed, or for which medical advice or treatment was recommended or received, in the 36 months before the policy started (IRDAI (Insurance Products) Regulations 2024, Schedule III). A condition you disclosed can carry a waiting period. That wait can be no longer than 36 months of continuous cover.

After 60 continuous months of cover, counting renewals, portability and migration, the insurer cannot contest the policy or a claim for non-disclosure or misrepresentation. Established fraud is the only ground left. If the sum insured was raised later, the 60 months run afresh on the increase alone.

Inside those 60 months the insurer can rely on non-disclosure, but the rejection still has a process to pass. It needs the approval of the insurer's Product Management Committee or a three-member sub-group, and the letter has to cite the specific policy term it relies on (IRDAI Master Circular on Health Insurance Business, para 17). Check the letter for both, then set the date of diagnosis against the date the policy began.

To challenge it, complain to the insurer in writing. It has 14 days to resolve the complaint. If it rejects it, gives an answer you are unhappy with or stays silent for a month, the Insurance Ombudsman takes the complaint free of charge within one year, for awards up to ₹50 lakh, when the policy is personal or held by a sole proprietor or micro enterprise. The checker works out those dates for your claim.

Work it out for your own caseUse the Insurance Claim Rejected: What Next. It is free and nothing you enter is stored.

If this is where you are

The insurer rejected my claim and quoted a clause. I need to answer it in writing before I can go to the ombudsman.

Appeal letter against a rejected insurance claim

A complaint letter to the insurer's grievance officer, with your policy clause and their reason set out, and a sheet with the dates that follow.

  • Complaint to the grievance officer
  • Before you send

₹299₹499

Launch price until 30 November

See your document before you pay

Common questions

Does the 60-month moratorium count a policy I ported?

Yes. It counts continuous cover, including the time under your earlier policy when you ported or migrated.

Can the insurer refuse to renew because I did not disclose something?

The rules allow a refusal to renew for established fraud, non-disclosure or misrepresentation. They do not allow a refusal because you made a claim.

Does the condition I did not disclose have to be linked to the claim?

We found no such rule in IRDAI's health regulations or master circulars, so we do not rely on one. The insurer still has to cite the policy term and show its committee approved the rejection.

  • Source: IRDAI (Insurance Products) Regulations, 2024, Schedule III cl 1.2, 1.3, 1.6, 1.7, paras 7, 8, 9 (health: grace period, pre-existing disease, waiting periods, moratorium) and Schedule I cl 1.2, 1.28, 1.39 (life: grace, revival)
  • Source: IRDAI Master Circular on Health Insurance Business, 29 May 2024, paras 8, 9, 11, 12, 13 and 17 (grace, migration, portability, moratorium, repudiation only with committee approval and a cited policy term)
  • Source: IRDAI Master Circular on Protection of Policyholders' Interests, 5 September 2024: complaint resolved within 14 days; health claim timelines; interest at bank rate plus 2% on late settlement
  • Source: Insurance Ombudsman Rules 2017 as amended to 9 November 2023, rules 2, 3, 14 and 17: who may complain, when, within one year, award up to ₹50 lakh

Want this handled for you? Tell us where you stand and we prepare the papers and take you through the filing.