My domestic partner has a claim to turn in for a recent asthma attack, but I’m afraid the insurance company will cancel us if they learn he has an expensive condition.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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When did this condition first appear? If he had no prior symptoms, it is not pre-existing and you will not have any change in rates nor will you be cancelled. If he had prior episodes but disclosed them on the application, and if his condition was not a specific exclusion (amendment) which is allowed in some States, you will not have any change in rates nor will you be cancelled. Finally, what if he had the condition and did not disclose it. When did you buy the policy? First let’s assume you bought your policy more than two years ago. Look in your “evidence of coverage” (Policy) for the words “incontestability clause”. Under normal contracts, after two years the carrier cannot cancel your contract based upon undisclosed medical history: nor will you have a pre-existing condition clause applied that late. If you are within two years of purchase, and if your domestic partner failed to disclose an existing asthma diagnosis, you can have your policy rescinded for failing to fully disclose medical evidence. Just be honest on the application, pay your bills on time, and know you are as secure as everyone else in your same carrier in your State of residence.

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