Former Smoker Life Insurance

[georgea67]

What is the name of your state (only U.S. law)? Texas

What is the probability that a former smokers life insurance claim will be denied. My father recently passed away and was previously listed as a smoker on earlier life insurance applications but i believe his company switched from Prudential to Aetna this year. He listed himself as a nonsmoker this year and passed away. he had not smoke in a few years but passed away from lung cancer which he had for 15 months. What are the chances that his life insurance claim will be denied given this information. How would an insurance company prove or say he misrepresented himself to say he was a smoker. The claim is just now being submitted and i am just concerned for my mother that the claim will be denied. The policy was small enough not to require an exam. He had been at his job for 35+ years and had been honest on his life insurance applications.

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

What is the probability that a former smokers life insurance claim will be denied. My father recently passed away and was previously listed as a smoker on earlier life insurance applications but i believe his company switched from Prudential to Aetna this year. He listed himself as a nonsmoker this year and passed away. he had not smoke in a few years but passed away from lung cancer which he had for 15 months. What are the chances that his life insurance claim will be denied given this information. How would an insurance company prove or say he misrepresented himself to say he was a smoker. The claim is just now being submitted and i am just concerned for my mother that the claim will be denied. The policy was small enough not to require an exam. He had been at his job for 35+ years and had been honest on his life insurance applications.

How do you reconcile those statements?

 

[georgea67]

The criteria for being a smoker on the policy was currently using tobacco products or used in the past 12 months. In accordance with the policy application he was totally honest.

 

[Dandy Don]

Have you looked at the fine print on the policy to see if they discuss allowing reasons for denial of claim? Stop worrying needlessly. All you can do is wait to see what happens.

 

[georgea67]

I have looked at the fine points and they claim that if you are listed as a nonsmoker and die from a smoking related disease they reserve the right to investigate the claim and deny if wrong doing is found. i doubt they would deny the claim because i dont' know how they could prove that he was smoking or anything because he was not and also it is not a huge policy. It is a couple hundred thousand but not enough to requre an exam and or anything. I need to stop worrying about it but i just have a hard time because it is important to my mothers retirement that she gets the money.

 

[Dandy Don]

If they deny the claim she can discuss her options with an attorney who specializes in bad faith insurance cases or insurance denial cases. But isn't it obvious that you should be checking his medical records to see how you can explain how he got lung cancer if it wasn't from smoking? The insurance companies love people like your father because they get to collect his money under somewhat deceptive pretenses and then they don't want to pay anything out.

 

[georgea67]

I don't think we're denying that the was a former smoker because that is not the criteria listed in the life insurance. That is beside the point that two of his cousins died of lung cancer who never smoked. The insurance questionaire specifically asked if he was a current tobacco user or used within the past 12 months and he did not which is why he listed as a nonsmoker, not never having smoked. There is a difference there. The question only pertains to current conditions or the previous 12 months. The question did not, nor did it anywhere else, ask had he ever smoked.

 

[Zigner]

I don't think we're denying that the was a former smoker because that is not the criteria listed in the life insurance. That is beside the point that two of his cousins died of lung cancer who never smoked. The insurance questionaire specifically asked if he was a current tobacco user or used within the past 12 months and he did not which is why he listed as a nonsmoker, not never having smoked. There is a difference there. The question only pertains to current conditions or the previous 12 months. The question did not, nor did it anywhere else, ask had he ever smoked.

Then you shouldn't have anything to worry about...

 

[Betty]

If the most recent ins. application asked if he currently smokes or smoked within the past 12 months & he answered no truthfully, there should be no problem.

However, the ins. co. "might" investigate due to the cause of death. If so, they generally obtain & look at medical records of deceased to see if any attending physician notes or hospital notes list him as a smoker & if so, when.