Legal Question in Insurance Law in Michigan

Do we have a legal case against ins.company

Dr.with sore throut for long time seen specalist 2-7-00 said no cancer on 2-8-00 received application for cancer ins. only requirment could not have previously been diagnosed with cancer.If you had they would not cover you.Policy became effective 2-18-00,the on 2-29-00 received a form that talk about manifested prior to effected date,signed and sent back.On 3-1-00 they did some test on 3-6-00 they called an said cancer in throat area.Dr.surprised as us as they thought it was from acid reflux as that it was all the way into throat area,they had kept saying no cancer,so we really belived no cancer.I'am still paying on policy for both of us an they are still accepting it even for my husband were on application it says if perviosly diagnosed they will not cover you.I have all the medical papers to back this up,an all the rejection papers from ins. co.So if you can please let u know if we can do anything or not.Thank-you for your time an consideration in this matter as we do not know what to do or if there is anything we can do or not, but if not still Thank-you!


Asked on 7/12/01, 1:35 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Do we have a legal case against ins.company

You should take copies of everything and see an attorney who knows about insurance law. Your statement suggests that you truthfully answered the application, so the insurer should cover you.

Make sure you take a copy of the "manifested prior to effective date" endorsement/form, since that suggests the insurer will asssert that since the Dr. saw you and found out later that your throat condidition was cancerous, such "condition" did in fact manifest (was seen) before the 2/18 effective date. There are probably ways to get around that language, but a lawyer is going to be required.

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Answered on 7/16/01, 7:14 pm


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