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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34832
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My brother in law has Huntingtons Disease, and approximately

Customer Question

my brother in law has Huntingtons Disease, and approximately 17 years ago started paying into an insurance policy in case he had the gene. He was diagnosed in the last 9 years and went on disability about 2 years ago. During the process he cancelled the insurance thinking he couldn't afford it anymore. However this disease is a neuroological disease and causes lack of cognition and ability. When we realized what he had done, we contacted the insurance agency, but they said there was nothing that could be done.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: It was in Oregon
JA: Has anything been filed or reported?
Customer: Filed or reported to... whom
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 3 months ago.
Category: Legal
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has brother been declared legally incompetent by a judge or medically incompetent by his doctors?

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How long ago did he cancel the policy?

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thanks

Barrister

Expert:  Barrister replied 3 months ago.

Ok, you just need to reply over here so you don't get charged for two separate threads..

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I am not familiar with Huntington's other than what I have read, but if you can get his doctors to testify in a suit against the insurer that he was likely medically incompetent due to the disease's progression when he cancelled, you may have a chance in fighting any cancellation as legally ineffective due to his mental status.

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But the truth of it is that the insurer will fight this tooth and nail and will drag this out through the courts for years, costing brother tens of thousands of dollars in attorney fees because it is in their financial interests to do so unless he can find an attorney who might take this on a contingency fee or even a pro bono basis.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

Customer: replied 3 months ago.
Ok, thank you, ***** ***** think the state insurance board might weigh in on this matter?
Expert:  Barrister replied 3 months ago.

It is possible, but this is really a matter of legal capacity and they really don't handle things like that as it is more for a judge to determine whether the cancellation was legally binding considering his cognitive deterioration. If he couldn't understand the ramifications of what he was doing, that could void out the cancellation.

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All the best to you and yours

Barrister

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