Can the insurance company claim it is pre-existing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the insurance company claim it is pre-existing?
I had a life insurance policy through my job on me and my spouseeach year at annual enrollment i would raise it to next level. Last year an they refuse to pay? I have had this policy for 4 years they never requested a medical release on him just on me,which I passed.
Asked on May 21, 2009 under Insurance Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Let's make sure what you are talking about. You said life insurance, but people do not collect on life insurance until there is a death, and obviously you are alive and I hope your spouse is too.
If you are asking whether because you are increasing the amount of optional coverage you buy a the worksite, IF someone dies can the insurance company claim that there was a medical condition you did not disclose, and thus deny benefits, the answer is it all depends on what the application or form you signed when increasing coverage says.
Most employer provided group insurance is issued to actively at work employees and no evidence of insurability is required, no medical questionnaire is used, etc. In many places the spouse is eligible for the same benefit, with no medical information required.
In some circumstances the optional life insurance is medically underwritten. To be eligible the employee, and spouse, have to complete an application with medical questions and then undergo underwriting. A material misstatement would be grounds to deny coverage if the death occurs within 2 years from policy issue.
If this does not address the matter you asked about, please resubmit your question.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.