Legal Question in Insurance Law in Kentucky

if a cancer lump sum policy taken out question asked on application within the last 10years had proposed insured had indications of any benign or malignant, tumor, polyp, cyst or tissue enlargement or lesion or within the past year, any indications of or been advised, or seen a physician for any abnormal mammogram. and to the best of your knowledge you have not. in sept of 2010 mammorgram was done with a nodular asymmetry. insured answered questions to best of knowledge from the agent. will her cancer policy pay?


Asked on 2/02/13, 4:45 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

This is probably better asked of a medical professional. Does nodular asymmetry meet those definitions? It might be "tissue enlargement." However, if your mammogram was followed up with an ultrasound and all those things were ruled out, it may not be an issue. But insurance companies often look for any excuse to avoid paying on a policy, and it is possible they would consider not disclosing the mammogram results to be an omission that justifies denial of a claim, particularly if that claim is based on a breast cancer diagnosis.

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Answered on 2/03/13, 8:24 am


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