Legal Question in Insurance Law in Texas
Life Insurance Company Refusing To Pay
Below, is a question I submitted 1yr ago. My question is: Is there a statute of limitations reguarding this issue?
My My father purchased a life insurance policy 1 1/2 yrs ago. Since then, they have been deducting his mthly premiums from his chkg acct. He passed away in Oct 2002. My sister & I are his only children & are the beneficiaries. We sent all required info to the ins co. 5 1/2 months ago. Last week we rec'd a letter from them refusing to pay. Claim it is due to my father passing from a pre-existing condition. Shouldn't they have done a medical history check prior to issuing this policy. If so, are they required to pay, if not shouldn't we be reimbursed for all premiums paid, + interest, & financially compensated due to the fact that my father was under the impression the entire time that all would be taken care of upon his death because he has this life ins policy?
2 Answers from Attorneys
Re: Life Insurance Company Refusing To Pay
Go to an attorney and bring a copy of the policy, denial letter, and any other information so it can be reviewed.
Re: Life Insurance Company Refusing To Pay
Life insurance is a contract, and the statute of limitations in Texas on a contract dispute is four years from the date of the breach of the contract. Generally, failure to disclose a pre-existing condition does not make the policy voidable unless the pre-existing condition is one for which the policy would not have been issued at all. Otherwise, the proper rememdy is for the carrier to pay the benefits, less the additional premium that would have been charged for the additional risk. It sounds as though you need an attorney to file suit against this insurance company. Give me a call at your earliest opportunity.
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