First Pregnancy Clause
- Posted by CERC India
- Posted in Some Cases
The terms and conditions in Life Insurance Policy provide that where a woman is a policy holder the liability of the insurer to pay the claim is limited to :
(a) Premium paid by insured (without interest), or
(b) Surrender value, whichever is greater, but shall not exceed in any case the amount which would otherwise have been paid on death, if the death of the life assured occurs as a result of pregnancy or from any other cause directly or indirectly attributable to pregnancy and the delivery has occurred before she has had a normal full-time confinement.
The terms and conditions in Life Insurance Policy provide that where a woman is a policy holder the liability of the insurer to pay the claim is limited to :
(a) Premium paid by insured (without interest), or
(b) Surrender value, whichever is greater, but shall not exceed in any case the amount which would otherwise have been paid on death, if the death of the life assured occurs as a result of pregnancy or from any other cause directly or indirectly attributable to pregnancy and the delivery has occurred before she has had a normal full-time confinement.
The enforcement of such a condition in modern scientific age, when women remain under the charge of trained and qualified medicos is unreasonable. It is a subtle attempt to discriminate against women. The insured women have the right to be informed about the implications of this clause. They need to be told other ways in which an assured can avoid the consequence, that is, by payment of extra premium.
The case of CERS and Mr. Sanjay Kothari vs LIC highlights the application of this clause.
