A New York and New Jersey Lawyer Who Represents Policyholders and Beneficiaries in Life Insurance Denial Cases

Category Archive for 'Material Misrepresentation'

A couple interesting items that I saw in the news: First, as Reuters reported, life insurance companies may start issuing applications that include questions about whether or not you engage in or intend to engage in space travel. Yep, I’m not making this up. Presently, most applications inquire if the applicant is a pilot or […]

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Readers of this blog, and those who are familiar with life insurance, know what the contestability period is: a two-year time period after the issuance of a life insurance policy when the insurer can cancel or rescind the policy if the insured made what’s called a “material misrepresentation” in the application, such as in response […]

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An interesting case, Halberstam v. The United States Life Insurance Company in the City of New York, came down the pike from the Brooklyn state supreme court holding that even though an imposter submitted to a life insurance examination, the policy was nonetheless valid. A $5 million policy was purchased by the Leo G. Family […]

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The Third Circuit Court of Appeals in Mendez v. American General Life Insurance Company has upheld a New Jersey District Court’s denial of a $1.2 million life insurance policy to a widow because her husband failed to disclose a cancerous brain tumor in his reinstatement application. The policy was initially issued in December 2006. Due […]

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A topic that I have written about in the past – and that serves as the number one reason for life insurance denials – is material misrepresentations in the application. In most states, a life insurance company can deny payment on a policy if it discovers a misrepresentation in the application that is “material” – […]

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A New York homeowner was denied coverage under a homeowner insurance policy issued by Vermont Mutual after it was discovered that he made material misrepresentations in the policy application. The case, Vermont Mutual Insurance Company v. Moslem, 07-cv-2011 (Scheindlin, J., July 14, 2011), was venued in the Southern District of the Federal District Court. The […]

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Life insurance companies are refusing to pay death benefits for some life insurance policies that were taken out on the lives of elderly people and then sold to investors. The Wall Street Journal today published an article on this topic on the front page of its “Business & Finance” section, profiling how AXA Equitable litigated […]

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Typically, an applicant for life insurance has to fill out an application and, in many cases, undergo blood and urine testing. I have written in the past and on my firm website about how life insurance companies often do not go far enough when investigation applications, instead denying coverage for misrepresentations only after a claim […]

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Today I was pleased to read “Flaws Can Cancel Life Insurance – After Death,” in the L.A. Times, an article that exposes the practice of post-claim underwriting in life insurance that leads to the cancellation of policies, and that also tells the story of Jean Lin, one of my clients. The article providesĀ a very good […]

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You are filling out a disability insurance or life insurance application and there is a blank for your “earned income.” Do you include earnings that you had off the books, say for commissions or tips that you did not report? If you do, it will jack up your total income which will qualify you for […]

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