Legal Question in Insurance Law in Massachusetts

incontestability question

Dear Person:

I am disabled, have a Massachusetts disability policy and am having problems with the carrier. Please answer this question.

I added a Cola Rider to my disability on its first anniversary, I became disabled 26 months after the policy was written, the company paid me on the policy but excluded the Cola. It stated I misrepresented my medical history on the Cola application. They now contend the policies incontestability Claus runs an additional 12 months for the cola because it only tolled 14 months before I became disabled. Can you shed any light on the legality of this. If you know of any case histories addressing this issue let me know please.

[email protected] thank you


Asked on 12/14/03, 8:45 pm

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: incontestability question

Suggest you contact Ms. Mala Rafik 44 School Street, Suite 100 Boston MA 02108 617-723-7470.Email [email protected].

She is experienced in handling disability insurance claims and will need to examine your COLA application and the facts to render any meaningfull opinion. Incontestable clauses are interpreted differently in each state.

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Answered on 12/15/03, 10:42 am


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