Do I have a claim again the life insurance company for denial?

UPDATED: Oct 2, 2022

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Do I have a claim again the life insurance company for denial?

My father had a $15,000 life insurance policy for which I am the beneficiary. He passed about 8 months ago due to complications from lymphoma. His policy fell just within the 2 year contestability period and the company decided that they would not pay the claim. They sent a refund of premium’s check. My dad was a veteran who visited the VA hospital frequently. However, on the phone the insurance company has said that he did not accurately give medical information for s 1 and 3 on the application. They say that if they had known about the diagnostic tests or diagnoses he had that they would not have extended the policy to him. His diagnoses were unrelated to the cancer he died from. I’d like to know if you think there is a reasonable chance to appeal their decision.

Asked on August 2, 2019 under Insurance Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whether or not the diagnoses were related to the cancer that killed him is beside the point: if he did not provide accurate and complete information on his application, he committed a form of fraud which would allow the insurer to void the policy; you cannot take out insurance on false pretenses. If tbe insurer is factually correct, they can refuse to lay.

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