Legal Question in Appeals and Writs in Missouri

My husband took out an optional life insurance policy with his company back in 2007. The form read: For Optional Life Insurance, if you were hospitalized within 90 days preceding the date you enroll. If you do not give us evidence of insurability or the evidence of insurability is not accepted by us as satisfactory, you will not be covered by Optional Life Insurance.

They then go on to say, based on the documentation in our file, my husband checked the "yes" box that he had been hospitalized during the 90 days preceding the date of this enrollment form. The enrollment form further indicates, "If the answer to the hospitalization question is "Yes" a Statement of Health form is required for each person answering "Yes". They confirmed with the Life Insurance Staement of Health Department that a Statement of Health form was not submitted for approval. As a result, they denied the claim to the benefit.

My question is, why did he not get a letter stating he had been denied? His employer continued to take out premiums twice a month out of his paycheck up until the last paycheck he recieved up until his death. Do I have a leg to stand on or am I just out of luck? To me it is like buying car insurance and paying the premiums and then having a reck and being told, sorry you are not covered. I don't think my husband would have allowed them to continue taking money out of his check if he had thought or knowlege that he had been denied.

If you can give me any advise that would help it would be greatly appreciated. Thank you.

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