It appears that my wife, who has terminal cancer, failed to disclose that her brother had a sarcoma on his foot when he was 13 in the insurance app.

Question Details: There was a specific question as to whether her parents or siblings had either cancer or heart disease before 60. Since her brother had the sarcoma 17 years prior, it must not have occured to my wife to raise it when asked. Now, it does not seem as though my wife will make it past the 2 year incontestibility period on the policy. How concerned should I be about this inadvertant ommission?

Asked 10/14/2009 under Insurance Law | 232 View(s) | More Legal Topics

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Insurance Law Law Answers

I think this is a real problem. It's unfortunate for your wife, but the law doesn't usually allow a lot of leeway for faulty memory, on things like this, because after the fact it's too hard to tell an honestly faulty memory from one where the forgetfulness was "convenient."

If your wife had answered the question correctly, the insurance might not have been issued at that premium rate, or it's possible that that insurer would not have insured her at all.

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