Under what circumstances can an insurer contest a life insurance policy?

Asked by: Jessika Bogisich  |  Last update: September 6, 2022
Score: 4.2/5 (59 votes)

Any person with a valid legal claim can contest a life insurance policy's beneficiary after the death of the insured. Often, someone who believes they were the policy's rightful beneficiary is the one to initiate such a dispute.

What disqualifies a life insurance policy?

According to Weisbart, that's no longer true. The only life insurance policy exclusion that's widely used today is death by suicide. However, even the suicide exclusion typically will be waived if the death occurred after the contestability period, he adds.

What is a contested insurance policy?

What happens when a life insurance policy is contested? If an insurer contests a life insurance claim, they will deny or reduce the death benefit paid out to your beneficiaries and provide a detailed explanation as to why the claim was contested.

When can a life insurance claim be denied?

A claim can be rejected if the policyholder stopped paying premiums, lied on their application, died by suicide within the first few years of the policy, or died while committing a crime. How often do life insurance companies deny claims? Less than 1% of the time.

What is the contestability clause in life insurance?

A life insurance contestability period is a short time after opening a policy when the life insurance agency can investigate (and possibly deny) claims. The contestability period is typically one to two years, depending on your state. This is standard across various companies.

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Do all life insurance policies have a contestability period?

An incontestability clause is written into most life insurance policies and states that a claim can't be investigated after two years. That means that a claim can't be denied once the two years are up due to misrepresentation or error. Not all policies have this protection in place.

Can life insurance be revoked?

Depending on the type of policy you have, you can either stop paying the premiums, or surrender your policy. Like with auto insurance, you can typically cancel a life insurance policy at any time, and you usually do not have to pay a cancellation fee.

Why would an insurance claim be denied?

There are several reasons insurance companies deny claims that are valid and reasonable. For example, if your accident could have been avoided or if your conduct led to the accident, your claim may be denied. An insurance company may also deny a claim if you have engaged in conduct that renders your policy ineffective.

Why would a life insurance company deny a claim?

Insurers deny the death benefit on life insurance claims for reasons of policy delinquency, material misrepresentation, contestable circumstances and documentation failure.

How often does life insurance get denied?

Fortunately, according to the American Council of Life Insurers (ACLI), fewer than one in 200 claims are denied, so it's unlikely your application will get a big fat rejection sign on it. But if you are one of the unlucky ones, there's no need to admit defeat–you have options.

How long does a contested life insurance Claim take?

How soon the benefits will be paid depends on how fast you submit claim paperwork, laws governing the claim, and the insurance company's processing time. Unless your claim is contested, in the majority of cases, insurers must pay claims within 30 to 60 days after they receive all the documents that they have requested.

Can a beneficiary designation be contested?

Individuals may seek to contest a beneficiary designation on an IRA, life insurance policy, or other account for any number of reasons. However, while it is possible to contest a beneficiary designation, it's crucial to note that this process isn't always cut-and-dry.

What is a contestable death investigation?

“Contestable” policy (death occurs within 2 years of policy issue or reinstatement date) Under industry standards, a policy claim is “contestable” if the date of death is within the 2-year period following the policy issue date or reinstatement date.

What excludes you from getting life insurance?

Illegal activity: When someone dies as a result of illegal activity, their beneficiaries cannot claim their death benefits. This includes everything from drug deals gone wrong to DUI crashes. Risky activity: Any death due to risky activities, such as skydiving or rock climbing, are usually counted as an exclusion.

What are five reasons a claim might be denied for payment?

Here are some reasons for denied insurance claims:
  • Your claim was filed too late. ...
  • Lack of proper authorization. ...
  • The insurance company lost the claim and it expired. ...
  • Lack of medical necessity. ...
  • Coverage exclusion or exhaustion. ...
  • A pre-existing condition. ...
  • Incorrect coding. ...
  • Lack of progress.

Can insurance company reject claim?

While it is highly uncommon, an insurance company may reject the claim if no nominee is updated and a legal heir cannot be decided to their satisfaction.

What happens when an insurance company denies a claim?

If your claim is denied, regardless of how valid you believe it is, you'll most likely need to hire an attorney if you choose to fight the denial. After all, insurers make a profit by taking in more money in premiums than they pay out in claims.

Can someone take out a life insurance policy on me without my knowledge?

When you're getting life insurance, the person whose life will be insured is required to sign the application and give consent. Forging a signature on an application form is punishable under the law. So the answer is no, you can't get life insurance on someone without telling them, they must consent to it.

Can a life insurance policy be reinstated upon meeting?

A life insurance policy may typically be reinstated within 30 days of a lapse without additional paperwork, underwriting, or attestations of health. Insureds often pay a reinstatement premium, which is larger than the original premium.

Can life insurance drop you after diagnosis?

So, to sum things up, an insurance company cannot cancel your life insurance policy due to illness, as long as you were honest on your application. As long as you pay your premium, and do not allow any lapse in coverage, you will not lose your insurance.

What is a contestable period?

A "contestable period" is a contractual provision that is often found in a life insurance policy. The contestable period usually covers a period of one or two years from the effective date the insurance policy, depending on the terms actually written on the policy.

Can a life insurance company deny a claim after 2 years?

After issuing a policy, an insurer generally has a two-year contestability period in which it can rescind the policy for important information that you lied about or even mistakenly got wrong on the application. In these cases, the insurer refunds the premiums paid.

Who is protected under the in contestability clause included under a life assurance policy?

The contestability period is a clause in a life insurance policy according to which if the policyholder expires within two years of purchasing the policy, the insurance company can contest or question the claim raised by his/her beneficiaries.

Can a life insurance policy be contested after 2 years?

However, if the death occurs within the first two years since the policy issue date – also known as the contestability period – the insurer is entitled to review the application answers for any misrepresentation. If they find significant inaccuracies, they can dispute the claim.

What are contestable claims?

A contestable claim refers to a life insurance policy that is less than two years when the insured person dies. The insurance company has the contractual right to investigate the validity of the original application for any reason(s) they should not have issued the policy.