What is Life Insurance Misrepresentation?
Misrepresentation in the context of life insurance refers to providing false or incomplete information during the application process. This can involve failing to disclose important medical conditions, engaging in fraudulent statements about lifestyle habits, or not fully answering questions on the insurance application. These omissions or errors can have serious consequences, especially if the insured individual dies shortly after obtaining the policy. When an insurance company finds that the applicant made a material misrepresentation, they often seek to void the policy or refuse to pay out the death benefit to the beneficiary. In Massachusetts, life insurance companies have the legal right to contest a claim based on misrepresentation. However, whether or not the misrepresentation was intentional is critical.Intent and Its Importance in Misrepresentation Cases
In many life insurance misrepresentation cases, one of the central issues is whether the misrepresentation was made intentionally or accidentally. The key distinction is whether the applicant knowingly provided false information (intentional misrepresentation) or whether they made an honest mistake (unintentional misrepresentation). The implications of this distinction can drastically affect the outcome of the case.
How Massachusetts Law Defines Intent
Under Massachusetts law, insurance companies can void a life insurance policy or deny a claim if they prove that the applicant made a material misrepresentation. This misrepresentation must be deliberate and relevant to the insurer’s decision-making process. To succeed in denying a claim on the grounds of misrepresentation, the insurance company must establish that the misrepresentation was intentional and not an unintentional error.
We contacted Trief & Olk to help us with a life insurance issue and Shelly Friedland was the attorney assigned to our case. Before Shelly took our case she explained to us that the likelihood of our success without going to court was possible but not likely. Unfortunately we did not get the outcome we had hoped for but it was our decision to not move forward and have our case litigated. Shelly is very knowledgeable and was very straight-forward in her assessment of our case as we moved forward. She was very patient and thorough in answering our questions. She always responded in a timely manner and listened to our concerns. We would certainly recommend Shelly and would use her firm again in the future.”
- John Ramig
If there is any possibility of winning your life insurance case – this is the place to do it for you. They are efficient, honest and will achieve the best possible outcome.
Shelly Friedland worked on my case where a life insurance policy had lapsed and was even a few days beyond the grace period. Farmers had rejected my claim twice and was unwilling to take a second look. Shelly was able to get them to pay the entire claim without going to court, and the full amount was deposited in my account within a couple months. Highest recommendation.”
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Trief & Olk is a superior law firm. Their attorneys and other legal professionals have a brilliant understanding of the law and the litigation process. They diligently perform their work in an efficient, strategic and cost-effective manner to ensure the best possible outcomes for their clients.
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