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There is a probationary period from the date that the policy is sold and accepted. If the applicant lied on the insurance form and dies during that period, the insurance company investigates (they always do, to my knowledge, when there is a death), and finds the lie, the company is obligated to pay ONLY the premiums paid to the date of death. If the insured dies as a smoker AFTER the probationary period, my experience in reading TONS of policies is that the company has to pay the full benefit.Smoking vs. Non-smokingI am not an expert on all companies' life policies, so you might ask your agent or company about your policy specifically. However, what typically happens is that if you have had a policy with the rate of a non-smoker for more than two years and need to file a claim, and the insurance company discovers that you are and have been a smoker, the company may take part of the death benefit to pay the difference in back premium between a smoker and non-smoker. So, in essence, the death benefit will be smaller to pay the back smoker premiums. The reason two years makes a difference is because the incontestability clause may play a part in how the death benefit is paid or not-paid. In this case, it may not play a role. I would ask either a company representative anonymously or maybe even your agent.

More input from FAQ Farmers:

  • There is legal precedent here. New York Life denied a claim in Pennsylvania when they showed that the decedent insured lied about his smoking habit on the application. The estate of the decedent asked that the benefit be reduced to that which would have been purchased by the premium under a smoker's rate. The insurance company refused, pointing out that they must rely on the truthfulness of statements made on the application, and permitting decedents to benefit unfairly, with no risk to themselves, causes the price of insurance coverage to increase for everyone else. I should not have to pay a higher premium because of others' dishonesty. The judge found in favor of the insurance company, and the company refunded the premiums paid to the estate of the decedent.
  • The issue is one of misrepresentation on the application. An insurance has the right to rely upon the material representations made by a prospective insured on the application, and does not have an obligation to independently investigate their veracity. The representations, including health history, habits, and activities have a bearing upon the risk that that the insurer is assuming when it issues the policy and the premium that it charges. Naturally, the same factors would not apply to all types of policies (for example, smoking would not be an issue for an auto policy).
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โˆ™ 2015-09-06 17:26:09
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Q: Will a claim for a smoker be denied if the policy is for a non-smoker?
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Related questions

Will a claim for a Drug Marijuana user be denied if the policy is for a non drug user or non smoker?

not necessarily

Will claim for a policy holder be denied if he start smoking after 5 year of policy and the policy is for nonsmoker?

I assume that you are talking about a life insurance policy or perhaps even a health insurance policy of some kind. The answer is the same either way. As all insurance companies are legal contracts the agreements are based on the conditions at the time the contracts were signed. The insurance company will not penalize anyone who starts smoking after the policy was issued. They will even reduce your rates and give you non-smoker rates if you quit smoking and can prove that you stay quit for a period of one year. The insurance company can provide testing to verify such. Both policies are the same as far as rates. Your price will not increase if you start smoking either.

If you purchase homeowner insurance and as a non-smoker but then start smoking would this hurt your claim if it was caused by careless cigarette use?

Homeowner policies dont make any provisions about whether or not the policy- holder is a smoker. Your life insurance company might care if you took out a policy as a non-smoker and then started smoking.

How long do you have to file a claim in Florida?

Your policy requires that you, ''promptly report all accidents'' failing to do so could result in the claim being denied, file it immediately.

why a claim be denied because of obesity code?

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Could an insurance claim be denied if you state in the application that you are a citizen or resident of the U.S. when you are not?

Possibly. Depending on the conditions of your policy, the claim may be denied or only paid a rediculously small fraction such as 8-10% of the premium value. Any part of an application for life insurance that can be proven to be a lie can void the policy. Companies that I know of will refund premiums paid, but will not honor the policy. Any intentional lie on an insurance form will void the policy if they find out. For every question on an application there are unique circumstances. If you have a claim that is being investigated or has been denied you should contact The Center for Life Insurance Disputes for a free consultation.

How do you fight a claim against your home owners ins?

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What if your workmen's comp claim is denied?

If you claim is denied, you can try and appeal it. You will only be given workmen's comp is the injury happened on the job.

What can i do when you lied on your insurance the main policy holder details but if the named driver details are all correct and they had an accident how can i claim without getting into trouble?

Just file your claim, you won't get into trouble. The worst thing that can happen is that your claim will be denied, which is no worse than if you didn't file a claim.

What can you do if your son who lives with you totaled your car but your claim was denied becaus he is not on your policy?

The first question is why was he not listed as a driver if he lives with you? If you can explain that to the insurance company, they should honor the claim. They may back charge you premium that you would have paid had he been on the policy. All drivers in the household, especially licensed youthfuls need to be listed on the policy.

Can you sue your own homeowners insurance if you fall in your house?

You can sue anybody you want. First, you need to make a claim. If they deny it, then that is the time to sue. But based on your question, the claim will be denied as there is no coverage for your injuries under the policy.

What type of lawyer should I hire if I have a Medicare claim?

A Medicare attorney is the best choice for general Medicare claims. If you specifically have a claim that has been denied, there are even lawyers who specialize in denied claim cases, frequently referred to as denied claims attorneys.

Can you request a new adjuster on a claim if another adjuster denied the claim?

No, but you can ask for reconsideration of a denied claim. When reconsideration has been requested, it is standard practice that a different adjuster will be assigned for the reconsideration.

If birth year is wrong will life insurance claim be denied?

If the birth year is wrong this needs to be brought to the insuring company's attention immediately as the rates and policy are based in part on the age and health condition of the insured. If incorrect information is listed on the policy then that could be grounds for denial of coverage. If a claim is denied because the birth year was answered incorrectly, for any reason, you still have a valid claim. You should contact The Center for Life Insurance Disputes for free counseling.

What do you do when your insurance company denies your stolen car claim and drops you?

If they denied that claim for cause, such as fraud, then there is nothing you can do. If they did not have cause, you can try contacting the department of insurance in your state. That is of course, as long as you had comphrensive coverage on the policy. If you did not have coverage, they do not have to pay for anything.

Can you claim accidental death benefits with an unknown cause of death?

In most cases a claim for accidental death benefits will be denied if the cause of death is listed as unknown. A person can submit an insurance claim and appeal if it is denied.

What is a sentence for claim?

I claim this stretch of river as my own. The insurance claim was denied by the company. Many people claim to be descendants of the original Pilgrims.

How do you respond to a reject insurance claim?

Claims are more typically denied rather than rejected. If the claim did not fit within the terms of the policy then you might get "reject" somewhere in the response, a more specific question would probably generate a better answer.

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an i claim for kidney loss at momentum life policy

Claims made policy?

"Claims Made Policy" - The Insured is indemnified in case a claim arises during the policy period, no matter when a claim may arise, the Policy pays the insured for the Claim, provided the policy is active since its retroactive date(inception date).

What to do if you're denied a homeowners insurance claim for hail damage?

Purchase Extended Coverage that includes Wind and Hail losses with your Homeowners Insurance Policy. This way future losses will be covered.

Is a person coverd for inurance if he has no license?

For auto insurance? If you're driving without a licence, you'd be violating your insurance policy, and any claim you file would most likely be denied.

Can an ex spouse who is the beneficiary on a life insurance policy have the claim denied in new york state?

Under normal circumstances, no. A life insurance company will pay the proceeds to the named beneficiary.

Can a workman's comp claim be denied if you do not pass the drug test?

Yes, a workman's comp claim can be denied if you don't pass the drug test. If you were on drugs, it might be your fault that you were injured or hurt.

IF Patient primary insurance denied claim because provider is not contracted with them will secondary insurance pay on the claim?