Challenging Wrongful Policy Rescissions
Insurance companies frequently allege that the policyholder made false statements on the application to rescind the policy and deny the claim. The Voss Law Firm challenges these allegations and proves the claim should be paid.
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A misrepresentation denial occurs when an insurance company alleges that the policyholder made false or misleading statements on the life insurance application and uses those alleged misrepresentations as a basis to rescind (cancel) the policy and deny the claim. This is one of the most common — and most aggressively used — denial tactics in the life insurance industry. After a policyholder dies, insurance companies conduct post-claim investigations, reviewing medical records, prescription databases, and other sources to find any discrepancy between the application and the policyholder's actual history. Even minor or innocent inaccuracies can be used as a pretext for denial.
In most states, an insurance company cannot rescind a policy based on just any misrepresentation — the misrepresentation must be 'material.' This means the insurer must prove that the false statement was significant enough that it would have changed the insurer's decision to issue the policy or the terms on which it was issued. For example, failing to disclose a minor medical condition that would not have affected the underwriting decision may not be a material misrepresentation. The Voss Law Firm works with medical experts and underwriting professionals to demonstrate that the alleged misrepresentation was not material and that the policy should not have been rescinded.
Another critical element in misrepresentation cases is whether the policyholder knew the statement was false and intended to deceive the insurance company. Many application questions are vague or ambiguous, and policyholders may genuinely not recall every detail of their medical history. In some states, the insurer must prove that the misrepresentation was made with the intent to deceive — not merely that it was inaccurate. The Voss Law Firm examines the application questions, the policyholder's medical records, and the circumstances of the application process to build a compelling defense against allegations of intentional misrepresentation.
After the two-year contestability period expires, insurance companies generally cannot rescind a policy based on misrepresentation — with limited exceptions for fraud. This is a powerful protection for policyholders and beneficiaries. If your loved one's policy was in force for more than two years, the insurer's ability to deny the claim based on application misrepresentation is severely limited. The Voss Law Firm ensures that insurers respect the contestability period and do not improperly use misrepresentation allegations to deny claims on policies that are beyond the contestability window.
If your life insurance claim has been denied, delayed, or underpaid, contact us today. We'll review your case at no cost and no obligation.
(260) 239-4029"The insurer claimed my wife misrepresented her medical history on the application and refused to pay. The Voss Law Firm proved the alleged misrepresentation was immaterial and forced the company to honor the policy in full."
James W.
Miami, FL
$1.5M RecoveredTime limits may apply to your misrepresentation denials case. The sooner you contact an attorney, the stronger your position will be. Fill out the form for a free, no-obligation case evaluation.
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Fill out the form below and an attorney will review your case at no cost.