Undisclosed health conditions on my father's term insurance policy: discontinue, come clean, or wait it out? Also looking for a trustworthy insurance lawyer
Situation:
- Term plan for my father (58), issued 30/10/2024. I filled the e-application myself and answered No to every health question.
- He actually had hypertension, asthma (ongoing), fatty liver and a GI illness with 2 hospitalisations, plus smokeless tobacco quit about 12 years ago.
- Someone connected to the insurer advised us not to disclose. It was verbal and nothing is in writing.
- The insurer ran diagnostic tests at their centre and a tele-medical call, and my father gave a video consent.
What I understand so far: Under Section 45 of the Insurance Act, the insurer can challenge the policy only until 30/10/2027. After that it can't be questioned on any ground, as long as premiums are paid on time. Normal exclusions would still apply.
The three options I'm weighing:
1. Discontinue the policy. The cover ends, and a new policy at his age with these conditions would be costly or refused. I'm leaning against this.
2. Come clean. Correct the health details with the insurer in writing, possibly after a lawyer's advice. The risk is premium loading, an exclusion, or in the worst case cancellation.
3. Wait for the 3-year period to end. Keep paying premiums till 30/10/2027. The risk is a claim being investigated before then.
Questions:
- Which would you pick, and why? Has anyone been through this?
- Do the insurer's own tests and tele-medical help our case?
- Can anyone recommend an insurance lawyer, with contact details, who has handleslife insurance repudiation or Section 45 cases and who can give me advice? Nagpur is best, but anywhere in India works, even remote consultations.
I'm not trying to hide anything, just looking for the safest legal way to fix this.