Legal Question in Insurance Law in Pennsylvania
Metilfe
My husband had Metlife supplemental insurance through his employer for which he paid weekly by payroll deduction for over 30 years. He retired in Aug 07 after 38.3 years and we were told he could keep it free- but it would be reduced by 2/3rds of the value accrued, or we could convert it to a private policy at our own expense. Since he was starting his own business-that's what we did and paid the full years premium in Oct of 07. He had a physical done by thier people (nurse) complete with blood work- all of which was fine. In late June of 08 he was diagnosed with cancer, was being treated, and did very very well. We paid ''smokers'' rates and Metlife knew he smoked. We paid the new bill in full for Oct 26th 08 on Oct 1st and they cashed the check 10/08/08. My husband had complications and passed on Oct. 13th. Metlife is now investigating this claim trying to prove we ''knew'' he had cancer eight months prior when we converted his 30+ year policy- they have all of his medical records-which prove we did not- and now they are saying the policy fell ''within the two year contestibility period'' from when it was issued. As stated- this was NOT a new policy- just converted, rather then lose 2/3rds of the accrued value. I've heard nothing
1 Answer from Attorneys
Re: Metilfe
I'm very sorry to hear that the loss of your husband has been compounded by Metlife's actions.
Our firm handles these type of cases. I'd have to look at the actual policy to see if there's any basis for Metlife to assert a new contestibility period. But that only means that they can raise this defense - it doesn't mean the defense wins. From the facts you describe, the defense isn't valid, even if they're right about the two-years.
Fortunately, since you opted to take the private policy, you should be able to claim additional damages for bad faith, including punitive damages, under Pennsylvania law.
Please feel free to contact me, I'd be happy to consult with you, no obligation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
