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Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7846
Experience:  with over 15 years experience.
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ive had a term policy for more than 40 yrs I went from pipe

Resolved Question:

ive had a term policy for more than 40 yrs I went from pipe smoker to non smoker &
BACK TO SMOKER several times; will my claim be denied.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Law.Hut replied 2 years ago.

You mean term life insurance?

Have you disclosed to the insurer that you were a smoker?
Customer: replied 2 years ago.


hipe smoker initialy for which there was no surcharge

boeen a non smoker for perids up to 8 year

Expert:  Law.Hut replied 2 years ago.
If you disclosed originally that you were a pipe smoker and insurance is based on that, the it should be valid.

Where you risk losing coverage is if you at any time misrepresented to the insurer that you were a non- smoker. If you did, then they could argue that this misleading statement voids insurance. The law is that you owe the insurer a "fiduciary duty " in applying for insurance, which is the most onerous type of duty at law, one that requires a person to be totally candid and honest, and any violation of that duty can void the contract. Insurers are able to demand medical records after death By the gems of the policy and so could try to see if a person was in fact a smoker when they reported themselves as not being one.

So the fact that you went back and forth smoking and not is not what is key. It is what you told to the insurer at any time when you applied for insurance or insurance renewal. And bear in mind that even if you were not actually smoking at a particular time when you signed a renewal form, that may be very hard for the beneficiary to prove after your death. Medical records and so only may paint a picture yet you were a long time smoker throughout the term of the policy and result in the benefits being voided. So you may want to ensure that the insurer knows the current status of you being a pipe smoker. That could certainly increase premiums but avoids a risk that premiums paid are just wasted with the insurer avoiding payment on the policy due to non disclosure.
Customer: replied 2 years ago.

my question is do insurers verify after death if you smoked or

they collect premiums of 700.00 mo in my case and have

collected ffor 40 yr,' I recently renewed at a new rate and

was not asked if I smoked are there court presidents.

Expert:  Law.Hut replied 2 years ago.
If you listed your status at any time as a non-smoker, then yes, they can try to verify that after death and can seek to can do payment of insurance if hey find evidence that your status was misrepresented at any time. Us, there are court precedents where insurers proved a person had misrepresented their status and even where this was an innocent mistake or error by the insured person it has been enough to void the policy.

If they do not ask your status and you never gave false or misleading answers when applying or renewing insurance then they would not have any valid basis to deny the claim.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7846
Experience: with over 15 years experience.
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