Legal Question in Insurance Law in Virginia
life insurance policy-under 2 years
My husband had a policy and it was taken out in january and he died in april of cancer.We did'nt know about the cancer until march. Can the insuarance company deny the claim?
2 Answers from Attorneys
Re: life insurance policy-under 2 years
Your question smacks, typically, of bad faith claim denial on the part of the insurance company,
but, without a carefully informed reading of the pre-existing terms limatation clause in the policy, your question cannot be reliably answered.
Re: life insurance policy-under 2 years
What you are asking about is the "pre-existing condition" limitation found in most insurance policies. You have to read the policy language carefully. They are all different. An attorney who specializes in insurance law can review that language and research how the courts have interpreted the language. In some cases, if he had any symptoms at all, he may not be covered. In other cases, if he did not know of the diagnosis when he bought the policy then he is covered. You probably want to chat with an experienced insurance atty before talking at all to the insurance company.
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