Insurance claiming Tuor was Pre-exsisting

[christe]

Hi. My insurance company just sent me a check for all amounts paid and told me they were dropping me cuz my Pituitary tumor was pre-exsisting. I believe I can prve my case that is was in fact NOT! A friend told me that since I deposited the check that I didn't have a case! Anyone know the answer to this?? I need help...it's hard to see any speacilists with no insuance!

Than you!!
Christie

 

[ALawyer]

It would be essential to know what type of coverage you applied for and what questions you were asked and answered on the application, and whether you made any misrepresentations on the application.

If you apply for insurance on day 1 and answer all the underwriting questions accurately and are issued the policy on day 5 and go to the doctor on day 9 and she discovers a tumor, they can't just drop you. They bought that risk, and it may be bad faith to try to get out of it.

As far as the part about whether depositing the check ends all your rights, that would depend on the specifics of your state law, and the letter they sent you. However I expect in most states if an insurance company attempted, in bad faith, to rescind your policy and sent you a check, cashing the check should NOT terminate their liability for a bad faith attempt to rescind.