Legal Question in Insurance Law in Georgia

Re: Life insurance with no smoking clause

Typically insurers have the burden of proving the exclusion. I think it would be up to the insurance company to come up with proof although that proof might be as simple as someone giving a sworn affidavit that he/she saw the insured smoking. Also the cause of death is important. If the insured died of lung cancer that would certainly raise a red flag. If the policy is governed by the Federal ERISA statute things can get more complicated because of the deferential treatment the insurer gets by the Federal court. If the policy amount is high the insurer usually starts turning over every rock it can find in an effort to avoid paying. They often will simply not pay and dare you to sue. Sometimes they endlessly drag things out asking for more and more info all the while never intending to pay. You need an experienced insurance lawyer --now.