Material Misrepresentation Denial in Life Insurance Claims
What Is Material Misrepresentation?
How Do Insurance Companies Use Material Misrepresentation to Deny Claims?
➤ Failing to disclose a history of heart disease, diabetes, cancer, or other serious health conditions.
➤ Omitting information about ongoing medical treatments or medications.
➤ Providing inaccurate information about smoking or alcohol consumption.
➤ Smoking habits
➤ Alcohol consumption
➤ Engagement in risky activities (e.g., skydiving, scuba diving, etc.)
If a policyholder fails to disclose risky behaviors or provides false information about their habits, it may be grounds for a misrepresentation denial.
How to Avoid Material Misrepresentation Issues
Be Honest on Your Application
Review Your Application for Accuracy
Keep Your Records Updated
What to Do if Your Claim Is Denied Due to Material Misrepresentation
Challenge the Denial If You Believe It’s Unfounded
In many cases, life insurance claims are wrongfully denied for material misrepresentation. If you believe that the insurer’s denial is based on incorrect or incomplete information, you may have the right to challenge the decision. Here’s how:
➤ Contact the Insurer: If you find that the information the insurer is relying on is incorrect or misinterpreted, contact the company and provide evidence to support your case. This could include medical records, witness statements, or other relevant documents.
➤ File an Appeal: Most insurance companies have an appeals process in place. If your claim was denied based on material misrepresentation, you can appeal the decision by submitting additional documentation or evidence to clarify the misrepresentation.
➤ Consult an Attorney: If the appeal process does not yield results, it’s a good idea to consult with an attorney who has experience in life insurance disputes. An experienced attorney can help you gather the necessary evidence, negotiate with the insurer, and, if necessary, take legal action to ensure that your claim is paid.
Review the Denial Letter Carefully
The first step is to carefully review the denial letter from the insurance company. The insurer is required to provide specific details about why the claim was denied, including the exact information they believe was misrepresented. Understanding the reason for the denial is the first step in determining whether the insurer’s reasoning is valid.
If the insurer’s explanation is unclear or seems unjustified, you may need to seek clarification from the insurance company or a legal professional.
Request Your Application and Medical Records
To understand the specifics of the misrepresentation, request a copy of the original application, any medical records the insurer reviewed, and any other documents related to the claim. This will help you identify where the insurer believes there was a misrepresentation and whether the information in question was accurate or relevant.
Be Prepared to Go to Court
If the insurance company refuses to settle or deny the claim after an appeal, you may need to file a lawsuit against them. This can be a lengthy and costly process, but if you may have strong evidence supporting your case, a court may order the insurer to pay the claim.
An experienced life insurance attorney can guide you through the litigation process, fighting for the best chance of success.