Insurance advice

[carolekona]

What is the name of your state (only U.S. law)? Hawaii
I recently lost my husband from a horrible accident. He was night diving off shore with other men and was found floating in the water. There was no fowl play no drugs or alcohol that contributed to his passing. We had accidental death and disbursement insurance through out bank for the last 4 yrs, my question my husband was diagnosed with lung cancer in mar 09, he went through chemo, radiation and surgery where they removed his top right lobe. he was an excellent shape and considered cancer free at the time of his passing. Our insurance covers all accidents that result in a death but can the insurance come back and deny my claim because of the lung cancer.
I would really appreciate any kind of feedback so I can be prepared for a fight if needed.
THank you

 

[Betty]

Since this was accidental death ins. & the policy has been in force for
4 yrs., you "shouldn't" have any problem collecting the proceeds of the
policy. I haven't read your policy but there shouldn't be any problem in collecting benefits on what you posted. His health shouldn't enter into the decision to pay.

If there would be a contestable period re his accidental death, they are
generally just for 2 years.

I might mention that some acc. death policies exclude death from certain types of accidents but per your post, it seems to
cover all accidents - any exclusions would be in the policy.

 

[Betty]

Hi. I got your PM but couldn't reply. You don't have your PM turned on. I don't think you will mind if I reply here.

Re the 2 year contestable period: Many/most ins. policies are issued with a 2 yr. contestable period. It would be in the policy provisions. What that means is that if the insured dies within the first two years of the policy being issued the ins. co. can contest payment if they believe they have reason to do so. However, your husband's policy has been in force for 4 yrs. so you should be ok. Medical history isn't considered when it's an accident policy & the insured dies in an accident - per your other duplicate post you said cause of death was drowning. If there is a conterstable period, they are generally never longer than 2 yrs.

I would submit a claim if you have not already done so. Take care.