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Is policy still valid

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3westiebabies

Junior Member
What is the name of your state (only U.S. law)? PA

If I took out a life insurance policy as a non smoker (which I was at the time I took out the policy) thus, receiving a smoke free monthly payment, and later take up smoking again (only to quit years later) have I nulified the policy by becoming a smoker? If I were to die, would my husband still be able to collect. I've tried to read the contract but it's 200 pages of garble.
 


3westiebabies

Junior Member
Did I post this question incorrectly? I see that a lot of people are reading it but no one is responding to it. Let me break it down in case I made it a bit convoluted,

1994 - I am no longer a smoker and my husband I decided to take out life insurance policies on each other. Because I am not a smoker I get the non smokers discount fee
1997 - I take up smoking again but don't mention anything to the insurance company. Not that I was trying to be secretive, I just didn't think to do it.
2007 - Quit smoking again.
2008 - Diagnosed with lung cancer.

So now the question is, if I was paying the non smokers discount all these years and I now come down with a disease caused by smoking, does that nullify the life insurance contract or is it still valid because I was a non smoker when I took out the non smokers policy? I just need to know because, well, were I to die from this my husband is going to need my life insurance policy.
 

TheGeekess

Keeper of the Kraken
So now the question is, if I was paying the non smokers discount all these years and I now come down with a disease caused by smoking, does that nullify the life insurance contract or is it still valid because I was a non smoker when I took out the non smokers policy? I just need to know because, well, were I to die from this my husband is going to need my life insurance policy.
What disease would that be? People that don't smoke can develop and die from lung cancer, COPD, heart disease, stroke, etc.
 

3westiebabies

Junior Member
Yes, it's lung cancer and my fear is, prior to allowing my husband to cash in on the policy (were I to die from this) they would certainly check into it and will find in my medical records that I was a smoker for 10 years after having taken out the policy.
 

moburkes

Senior Member
Yes, the policy is still valid. Insurance companies have 2 years after the issuance of a life policy to contest a claim. Even if you had died within the first 2 years, the ONLY thing they would have been able to do, in your situation, is rerate the policy to the correct premiums for smokers. Since a person in your health situation would be an acceptable insured, they would have still given you the insurance if you were a smoker, just at smoker rates, which are higher. So, at the time of the claim, they would pay the face value of the policy, but subtract the difference in premium for the time you were insured.
 

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