Friday, December 4, 2009

Someone has a life insurance policy and states non smoker but they are dying from lung cancer

Someone has a life insurance policy and states non smoker but they are dying from lung cancer?
This policy is about 18 years old and recently an agent was out to update the policy and i am not sure any changes were made as it would have been very apparent that this person smokes now. Since then they found out they are dying of lung cancer should they notify the agent that they are a smoker even though they are already dying? There is no current dec page stating if that was changed or not. Can the policy be voided?
Insurance - 5 Answers
Random Answers, Critics, Comments, Opinions :
1 :
Possibly, especially if the corner marks smoking as a possible cause of death. A lot of places will mark smoking as a cause of death even if it was through an unrelated cause so you may be out of luck. I'd go over the terms of the insurance policy very carefully, it should answer your question.
2 :
lung cancer doesn't mean the insured smokes...there are other causes, you know.
3 :
If they make a change now to add in smoking, my guess is the policy will be void. The change will likely require at least a questionnaire that asks about their current health. A diagnosis of cancer will certainly not get the policy renewed. FYI, people do get lung cancer without smoking. I believe about 10% of lung cancers are not due to smoking. That's a pretty good amount.
4 :
Better find out now if the agent really did change the policy!!!! If the agent did change the policy a new contestibility period starts. And, if this person really is dying it probly would make the policy null and void if they die within the first 2 years of the policy. Better talk to the agent now and stop that change from happening if it is in the process or has taken place. You can have serious problems when replacing the policy with another one. Call the Department of Insurance in your state and file a complaint. The agent could be in serious trouble for not looking out for the customer's best interest and negligent in his duties. This could be a lawsuit just waiting to happen. Call the Department of Insurance for help.
5 :
OK, first, you CAN get lung cancer even as a nonsmoker. That's what all those asbestos claims have been about! Second, the policy is not voided. They've probably SINCE taken up smoking. Additionally, even if they HAD lied on the application about it, it's too late for the insurance company to contest it. No problems. The payout will happen.

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