Section 43. Life policies (surrenders: non-payment of premiums: paid-up policies). (INSURANCE ACT, 1963

(P.M. ACT 1 OF 1963)
INSURANCE ACT, 1963

PART IV - MISCELLANEOUS AND GENERAL
Miscellaneous amendments of law

Section 43. Life policies (surrenders: non-payment of premiums: paid-up policies).

(1) Where a life policy has been in force in the case of a home service policy for six years or more or in the case of an or ordinary policy for tree years or more, the policy owner may by notice in writing to the insurer surrender the policy and shall thereupon become entitled to receive the surrender value thereof, determined in accordance with such rules as may be prescribed (but subject to any deduction for sums due under the policy or under an agreement charging them on the policy).

(2) Where a life policy has been in force for three years or more, the policy shall not lapse or be forfeited by reason of the non-payment of premiums, but shall have effect subject to such modification as to the period for which it is to be in force or the benefits receivable thereunder or both as may be determined in accordance with any system adopted bythe insurer and applicable to the policy; and-

(a)

in the case of a policy issued as a Federation policy after the coming into force of this section, the system shall require the approval of the Commissioner, and shall be that adopted and applicable at the time the policy is issued, and the policy shall contain a statement in a form approved by the Commissioner of the effect of this sub-section in relation to the policy; and

(b)

in any other case, unless the system is determined by the policy, the system shall be that which at the time when this section becomes applicable to the policy would apply to a like policy then issued as a Federation policy.

(3) Where a life policy has been in force for three years or more, the policy owner may by notice in writing to the insurer elect to exchange the policy for a paid-up policy, which shall be a non-particating policy for an amount determined in accordance with such rules as may be prescribed, but with no other modification not required by this Act or some other written law.

(4) A policy issued in place of an earlier policy shall for the purposes of this section (including this sub-section) be treated as having been in force since the earlier policy began to be in force; but this shall not affect the operation in relation to a policy of paragraph (a) or (b) of sub-section (2).

(5) Sub-section (1) to (3) shall not apply--

(a)

to a policy securing the grant of an annuity for a term dependent upoh human life; or

(b)

to a policy under which no policy moneys are necessarily payable not being a policy which provides for the payment of policy moneys on a death after a specified period.

(6) As respects policies of any prescribed description sub-sections (1) to (3) shall have effect subject to such modifications as may be prescribed.

(7) The rights conferred by this section shall be in addition to, and not in derogation of, any other rights available to the policy owner under the terms of the policy or otherwise; but this section shall not be taken to confer on a policy owner any rights except against the insurer as such.

(8) This section shall come into force at the beginning of July in the year 1963, and shall apply to policies then in force, whenever issued; and, subject to sub-section (5), shall extend to any Federation policy.