Legal Question in Insurance Law in California
Hi. I recently underwent a breast ultrasound for a lump. The next day, not knowing what the outcome would be, I applied for Life Insurance. A week later, the ultrasound came back supicious and I scheduled an appointment for a biopsy. I have not yet recieved the biopsy nor have I been formally diagnosed with breast cancer. My concern is that my Life Insurance policy may be in jeopardy because a lump was felt before I applied for the policy. Can you please offer me advice on this matter.
3 Answers from Attorneys
Odds are it's not breast cancer, and in all probability your life insurance policy will be issued and will be valid. Good luck.
This is not a legal issue, it is an underwriting issue for your insurance carrier. The only legal issue is disclosure. If you answer all health questions correctly and honestly, there is no legal issue.
Mr. McCormick is right. You haven't said whether you gave false, incomplete or misleading answers on your application. That's what matters to the insurance company.
If the application didn't ask any questions that called for information about your lump, then you didn't have to disclose it. The insurer won't be able to blame you for not answering a question they failed to ask. But if the application did contain such questions and you didn't reveal that you had a lump, the insurer can cancel your policy on that basis.
Good luck -- both with your doctors and with your insurer.
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