Legal Question in Insurance Law in Maryland

Re: Is a medical rider signed by a 17-year-old legally binding?

Generally speaking, a minor does not have the capacity to enter into a legally binding contract. However, there is a generally accepted exception to that rule when the contract is for "necessaries". There is some question as to whether that doctrine would apply to these circumstances. Typically, the doctrine is intended to make sure that persons who provide goods and/or services to a minor get paid for them if the goods and/or services are basic necessities. Conceivably, the doctrine wouldn't apply to terms in a contract such as an exclusion in an insurance contract (which would not reasonably be understandble to a minor).

However, there's a bigger problem which is that the contract really isn't between your daughter and the insurance company, it's between the company and her father. The terms of the contract will cover provisions for pre-existing conditions. If there are exlusions for pre-existing conditions, they may properly exclude coverage. In that analysis, the form that you daughter completed was just a way of giving information to the insurance company. Minors are capable of conveying "information" consistent with their age and maturity. A 17 year old could be construed as sufficiently mature to have properly conveyed the information to the insurance carrier.

In order to make a definitive determination, you would need to get a copy of the insurance contract itself, plus the actual rider, and then have an attorney read them to see if there is any hole in this exclusion.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.