Does your life insurance company say they won’t pay the policy because of a “Misrepresentation” in the application? We can help.
The latest trend in life insurance companies avoiding paying life benefits is the “misrepresentation rescission.” This is something the life insurance companies especially try to do on a policy that was first purchased less than two years before the unfortunate death of the loved one. This is really something that is very harmful to families, causing a second round of worry and anxiety, after the passing of the family member.
Misrepresentation means that the life insurance company claims that in the life insurance application, especially in the “Health History Questionnaire” or similarly named health question part, there is something untrue. The life insurance company plays it like this: ask many health questions, making some of them very vague and open ended. Ask a person about every bit of their health history, for the last ten years. Does anyone remember every single complaint made to a doctor over the last ten years, even if nothing came of it? Shortness of breath? Headache? Chest pains? Even if just reported to a doctor, but without any major diagnosis resulting, can provide the false basis for the life insurance company to claim misrepresentation.
If your loved one died because of a sudden heart attack, the life insurance company will search all the medical records, looking for any reference to chest pain, tightness, or something else. They will get all the medical records, from hundreds to even thousands of pages, searching for just this one forgotten reference. (Surprising, when they were selling the policy, they never obtained any of the medical records, but now that they are called upon to live up to the policy, to provide the benefits, well, the full investigation begins).
This is a second challenge to you, the family. Our clients shout with outrage that the life insurance companies do this investigation after the policy was paid for, just at the time you need the comfort of the benefits. Yet, under California law, there is some basis, on policies that were issued less than two years before the death, if and only if there is a material misrepresentation on the application.
We are experienced and thorough in defending policies from allegations of “material misrepresentation.” We work with an in-house medical expert to review and consider medical records. That in-house medical record review saves clients thousands of dollars in initial costs, because we the resources to get that review done. We work promptly and understand the importance of getting the benefits paid. We know that your loved one did not do anything to deceive the insurance company on the application, that many of the questions are vague or unclear, that leaving off a long ago comment on a small ache or pain, that did not result in any great treatment or diagnosis, is perfectly understandable.
We don’t let the life insurance company manufacture some supposed misrepresentation, only to try to rescind the policy, and avoid paying just in your time of need. We fight insurance companies every day, when they try to avoid paying benefits based on misrepresentation. Email or call us today, now, so we can help you avoid misrepresentation, and get your life insurance lawyer now.