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About voiding a life insurance policy denial

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When a life insurance company denies a claim for misrepresentation, it often takes the most extreme position available. The insurer declares the policy void from inception, argues that coverage never existed, and refuses to pay any benefits. To beneficiaries, this can sound absolute.

In reality, this argument is frequently built on incomplete proof and hindsight driven reasoning. A recent case involving AIG illustrates how these denials are constructed and how they can be dismantled.

The Post Death Underwriting Rewrite

Life insurance underwriting happens before a policy is issued. The insurer evaluates risk, assigns a premium, and approves coverage based on the information provided and its internal guidelines at that time.

After a policyholder dies, insurers sometimes reverse that process. They reopen the application file, compare it against medical records obtained later, and search for inconsistencies they can label material. This is not underwriting. It is reconstruction.

In the AIG denial, the insurer relied on information it obtained only after the insured passed away and treated it as if it should have been disclosed in exactly the form AIG later preferred. That assumption became the foundation for voiding the policy.

Why Misrepresentation Requires More Than an Inaccuracy

An incorrect answer alone does not justify rescission. The insurer must prove three separate things:

  • The information was actually false

  • The information was required by the application question as written

  • The correct information would have changed the underwriting outcome

Many denials collapse at the third step. Insurers often assert materiality without producing underwriting manuals, risk classifications, or approval criteria that show a different result would have occurred.

In this case, once AIG was pressed to identify what underwriting rule was violated, its position weakened quickly.

Cause of Death Still Matters in Practice

Although insurers often claim that cause of death is irrelevant during contestability, courts and regulators frequently examine whether the alleged misrepresentation had any logical relationship to the death.

When the omitted or misstated information has no connection to how the insured died, insurers face an uphill battle proving that the policy never should have existed. That disconnect was central to recovering the $300,000 benefit in this case.

“Void From Inception” Is a Conclusion, Not Evidence

Insurers use the phrase void from inception to sound authoritative. It is not a fact. It is a legal conclusion that must be supported by evidence.

To sustain that position, the insurer must show that it never would have issued the policy under any circumstances. That is a high standard. In many cases, insurers issued similar policies every day to applicants with comparable histories.

When underwriting reality conflicts with denial rhetoric, the policy is often enforced.

Why These Denials Are Often Reversed Without Trial

Once insurers are required to produce underwriting files and explain their decision making in detail, many misrepresentation denials unravel. Assertions turn into assumptions. Assumptions turn into silence.

Faced with defending a denial they cannot fully support, insurers often choose settlement rather than litigation. That is exactly how the $300,000 recovery was achieved here.

What Beneficiaries Should Understand

A misrepresentation denial is not proof of wrongdoing. It is a strategy.

Beneficiaries should focus on:

  • What underwriting rule the insurer claims was violated

  • Whether the insurer can prove a different issuance outcome

  • Whether the alleged error relates to the risk insured

  • Whether the denial relies on hindsight rather than policy language

Many insurers cannot meet those standards when challenged.

Final Thoughts

Life insurance companies deny claims for misrepresentation because it is one of the most powerful tools available to avoid payment. But power does not equal correctness.

Policies are not voided simply because an insurer says so. They are voided only when the insurer proves that coverage should never have existed under the rules it applied at issuance.

As this AIG case shows, when insurers are forced to defend misrepresentation denials with real evidence rather than conclusions, beneficiaries often recover exactly what the policy promised.

Do You Need a Life Insurance Lawyer?

Please contact us for a free legal review of your claim. Every submission is confidential and reviewed by an experienced life insurance attorney, not a call center or case manager. There is no fee unless we win.

We handle denied and delayed claims, beneficiary disputes, ERISA denials, interpleader lawsuits, and policy lapse cases.

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