disability insurance cancelled

[lross1186]

I am an rn in arkansas who has been paying for short term disability through my employer for two years. i was notified after making my first claim that my policy is being cancelled because i provided false information on my application, specifically i did not list a fracture that i had 20 years ago. i always answered those "have you ever had" questions based on the assumption that they were looking for the kind of information/problem that may like lead to future claims. was i wrong? did i really misrepresent or do i have a basis for appeal? please help

 

[ALawyer]

Did you make a claim? I assume you must have as this sounds like an outrageous case of post-claim underwriting that would likely be bad faith on the part of the insurance company.

The ability to rescind usually requires a MATERIAL misrepresentation, one that would have impacted the underwriting process, and an ordinary broken bone, such as that suffered in a childhood incident would not be. If the bone break was directly relevant to the disability, that might be different.

Who is the disability carrier? Did you contact the state insurance department?