insurance policies have incontestablity clauses

by Guest » Mon Dec 20, 2010 04:22 am
Guest

if the insured died after the first two months of the policy and the insured gave the insurance company written permission to search health records for two years and the insurance company was notified immediatly after death they could have used the insured permission to contest the claim. if the beneficiary filed claim additional claim 5 years later because death certificate was amended would the insurance company still be in the contestable period

Total Comments: 2

Posted: Mon Dec 20, 2010 06:18 am Post Subject:

That's one of the longest run-on sentences posted in the last month or so. The only problem is, you don't give any of the important details.

OK, so the insured applied for life insurance. The policy was issued. Two months later, the insured died.

Got all that.

The insured gave the insurance company written permission to search health records.

Understood.

the insurance company was notified immediatly after death they could have used the insured permission to contest the claim.



Cannot tell if this is one thought, or two separate statements. Are you saying the insurance company was notified immediately after the death of the insured . . . period? If so, that's the normal course of events.

So what do I do with "they could have used the insured permission to contest the claim"?? Was the claim denied, was it paid, is it still unresolved?? You don't even tell us what the cause of death was, which could easily be material to the claim.

For example, in response to the question, "In the last five years, have you received advice, diagnosis, or treatment for . . . (you name the recognizable disease or disorder)?" the insured stated, "NO". And then two months later died of that disorder. Of course, the insurance company is going to investigate the claim and, if it discovers that the answer was incorrect, is going to RESCIND the coverage.

That means no insurance death claim is payable.

Then you ask in your second sentence,

if the beneficiary filed claim additional claim 5 years later because death certificate was amended would the insurance company still be in the contestable period



Again, we don't have all the proper details, but if the policy was rescinded during the incontestable period, there is no policy, and there is nothing for the beneficiary to file an "additional claim" for, whether the death was from the original stated cause or not, because the policy was voided due to a material misrepresentation.

Now, if the death was (at the time) considered a suicide, no claim would have been payable and any premium paid would have been refunded. If, several years later, the cause of death has been determined to be from some cause other than suicide, then it may be possible to attempt to reopen the claim.

But this scenario is highly unusual.

So, please post the missing details and we'll see if we can offer some different advice.

Posted: Mon Dec 20, 2010 06:18 am Post Subject:

Geezzz.... where to start. First, your posting in the auto forum. Is this an Auto post? Second, is this a question or just a statement? Questions are usually followed by a question mark. Lastly, it does not even make much sense as a post in general.

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