Barun Ojha, as a bachelor, took a life policy "Poorna Suraksha" from ABC Life and named his father Tarun as his nominee. During the tenure of the policy, he married Sujata Jha, but he did not change the nomination in his

CS Professional · Insurance - Law and Practice · PYQS · December 2020
Barun Ojha, as a bachelor, took a life policy "Poorna Suraksha" from ABC Life and named his father Tarun as his nominee. During the tenure of the policy, he married Sujata Jha, but he did not change the nomination in his policy. Subsequently, Barun died of a heart attack when the policy was still in force. His wife Sujata lodged a claim with the insurance company; simultaneously Barun's father Tarun also filed a claim as the official nominee of the deceased. Insurance company found the claim under the policy justified but does not want a confrontation with the two parties staking the claim, as they do not want to take any risk of being questioned for the wrong payment from their behalf if they make payment to any one of them. They wanted that both the parties should amicably settle the issue off the court or get it settled through a legal process before it can make any payment to any one of them. Do you think that the stand taken by the insurer is correct in the circumstances of the above case?

Answer & Explanation:

The stand taken by the insurer is not correct . The policyholder is entitled to authorize an individual to receive policy monies. The insurance company is duty bound to make the payment to the nominee as mentioned in the policy. There is no need for any apprehension on the part of the insurer that its action of making payment to the nominee would be questioned. Further simply because the nominee receives the policy monies the interest of anyone who has the legal right to receive the money does not get affected as the mere nomination does not have the effect of conferring on the nominee any beneficial interest in the amount payable under the life insurance policy on the death of the assured. The nomination only indicates the hand which is authorized to receive the amount, on the payment of which the insurer gets a valid discharge of its liability under the policy. The amount, however, can be claimed by the heirs of the assured in accordance with the law of succession governing them. The nominee only receives the claim amount as a trustee.

Topics: Life Insurance

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