Rejected for non-disclosure after 5 years of cover? Read the moratorium rule
Last checked against the source documents on 4 November 2026. General information, not legal advice.
If you have held health cover continuously for 60 months, an insurer has very limited room to reject your claim for non-disclosure.
What the rule says
"No policy and claim of health insurance shall be contestable on any grounds of non-disclosure and/or misrepresentation except for established fraud, after the completion of the Moratorium Period, i.e. 60 months of continuous coverage."
IRDAI Master Circular on Health Insurance Business, Ref IRDAI/HLT/CIR/PRO/84/5/2024, 29 May 2024, Chapter I para 13
A note to that paragraph says credits gained under ported and migrated policies count towards the 60 months.
What it does not cover
- Established fraud. This remains open to the insurer. Suspicion alone is not established fraud, so ask for their evidence.
- Other reasons for rejection. The rule is about non-disclosure and misrepresentation. It does not by itself override permanent exclusions, sub-limits or deductibles in your policy.
- Increases in sum insured. Policy wordings commonly restart the clock for the increased amount only, so check yours.
What if your policy says 8 years?
Older wordings used a longer moratorium. The circular required existing products to be modified by 30 September 2024, and required the Product Management Committee to protect moratorium credit already earned by policyholders. If your insurer relies on an older period, ask them to explain why.
How to use it
- Gather every policy schedule from your first policy onward, including those from any insurer you ported from.
- Count your months of continuous cover. A renewal within the grace period protects the credit (para 8(b)).
- Quote para 13 in your written complaint to the insurer's grievance officer.
- If they do not reverse it, escalate to IRDAI and the Insurance Ombudsman.
Under 60 months?
You can still dispute it. Ask for the proposal form, the question they say was answered wrongly, and the medical record that shows the condition existed and that you knew about it. The insurer must refer to the specific policy terms (para 17(b)).
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