Legal Question in Insurance Law in New York

What is covered on policy

My parents took out an accident policy on me when I was 15 I have keep the premiums up every year. I am disabled this year and the Insurance company claims I am only elegable for hostipital cost. I have never received a revised policy. The original policy states I would receive so much per week for an injury. I was gored by a cow in my left hip and is prevents me from operating my dairy farm properly. I have had to hire extra help to get the day to day work dome. Can an insurance company change the contents of a policy with out notification to the policy holder? Thank you


Asked on 2/17/06, 12:34 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: What is covered on policy

When you say " accident policy" do you mean a health policy or disability policy? It will have a statement of the coverages it provides in the declaration section.

If the premiums were paid for the whole period,

the company cannot unilaterally change the coverage.

Read the policy declarations and tell me what they say.

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Answered on 2/18/06, 6:52 pm
William J. Shramek Law Office of William J. Shramek

Re: What is covered on policy

I cannot fully answer your question without reviewing the policy of insurance first. However, as a general rule, the terms of the policy can be changed by the insurer with proper notice to you. Your continued payment of the premium will be used by the insurer as your acceptence of the change, if any, to the terms of the policy.

Again, it is difficult to answer your question without knowing the terms of the policy and if any riders (additions) exist.

Another issue involves the policy itself. Who is the beneficiary of the policy? You said your parents took the policy out when you were 15. Has the policy been amended since it was issued?

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Answered on 2/17/06, 12:44 pm


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