QUESTION

can a life insurance company refuse to pay out a policy?

Asked on Sep 11th, 2013 on Insurance - Florida
More details to this question:
My mother in law battled an Aortic Aneurysm in 2008. Was healthy until December 2012 when it reoccured. In October of 2012, she took out a life insurance policy for $17,500. This is all that the company would allow because of her history. They knew her history when they wrote the policy. She passed away on Aug 19, 2013 at the age of 49. The insurance company is now telling us that they are more than likely not going to pay because the policy is less than 2 years old. My question is, if they knew her history, and limited the amount of insurance available, how can they refuse to pay out the policy?
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1 ANSWER

Personal Injury Law Attorney serving Miami, FL
3 Awards
It largely depends on the terms of the insurance contract. If for example the policy clearly excludes coverage if the insured dies from the preexisting condition within two years, there is likely no coverage. I strongly suggest you request they provide you in writing their basis for denying/delaying the claim and to set out the specific policy provision(s) they are relying. If they continue to contest the claim you will need a lawyer to carefully look at the policy and see if its provisions comply with Florida law.  You can also try filing a complaint with the state of florida, particularly if they will not give you the policy language and reason for the delay/denial. My website has a link to the State of Florida website for filing a complaint and seeking relief (if you can not find it on your own). If you have additional quesitons, or can provide me the questionable language, feel free to contact contact me in reply to this post, or email me. My information is located within the lawyers.com attorney listing.
Answered on Sep 12th, 2013 at 3:55 PM

Jonathan Groff is an AV Preeminent, rated Personal Injury attorney representing clients throughout Florida. (305) 661-3633; Mobile, (305) 302-8807

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