Legal Question in Insurance Law in Illinois

If you file a claim for death benefits that is past the incontestability period and the insurance company want you to sign a authorization release form for all of the deceases personal information not just medical records. Should the beneficiary sign such a document? And if so why should they if it passed the incontestability period?


Asked on 4/12/10, 11:22 am

1 Answer from Attorneys

Has anyone asked why this is being requested? Someone at the insurance company should be able to point to a policy provision requiring the information. Illinois does not appear to allow for any "fraud" exception to an incontestability clause in either individual or group policies sold in Illinois, so there does not seem to be any reason other than administrative. So the question must also be asked as to whether this is an Illinois policy and how old it is; if it was purchased in another State and/or was somehow grandfathered in, there may be exceptions. So again the first place to start is to ask the insurance company where the requirement to provide such information is located in the policy.

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Answered on 4/19/10, 2:49 pm


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