Top

An Omission in application denied life insurance claim

Life insurance is purchased with one purpose in mind: to protect family members financially after a death. Yet one of the most common reasons insurers deny claims has nothing to do with how the person died. Instead, the denial is based on something the insurer claims was left out of the original application.

An “omission” denial occurs when the insurance company argues that the insured failed to disclose information when applying for coverage. These denials are extremely common, especially when the death occurs within the first two years of the policy. They are also among the most frequently overturned.

What Insurers Mean by an “Omission”

An omission is not necessarily a lie. It can include:

  • Forgetting to list a past doctor visit

  • Failing to mention a medication that was short term

  • Leaving out a minor diagnosis that resolved years earlier

  • Not disclosing symptoms that were never formally diagnosed

  • Answering a vague question based on personal understanding

Insurance companies often use the word “omission” to imply dishonesty, but legally, the issue is much narrower.

The real question is whether the omitted information was material.

Why Materiality Matters More Than Accuracy

Life insurance law does not require perfection. It requires material accuracy.

For an omission to justify denying a claim, the insurer must show that the missing information would have changed one of the following:

  • Whether the policy would have been issued at all

  • The amount of the premium charged

  • The risk classification assigned to the insured

If the insurer cannot prove that the omission affected underwriting, the denial may fail.

Many insurers skip this analysis entirely and deny claims automatically once they find anything missing.

Common Omissions Insurers Rely On

Certain omissions are repeatedly cited in denial letters:

  • Anxiety or depression treatment

  • Blood pressure readings that were borderline

  • Cholesterol or prediabetes notes

  • Temporary prescriptions

  • Prior diagnostic testing with normal results

These details are often unrelated to the cause of death, but insurers still rely on them to deny payment.

Courts frequently reject this approach.

Omission Versus Misrepresentation

There is a legal difference between leaving something out and making a false statement.

An omission may occur when:

  • The application question was vague

  • The insured misunderstood what was being asked

  • The condition was not known at the time

  • The issue resolved and was not considered ongoing

Insurers often blur this distinction, labeling omissions as intentional misrepresentations even when there is no evidence of intent.

Intent matters, especially when the insurer attempts to rescind the policy entirely.

When Omission Denials Are Most Common

Omission based denials appear most often when:

  • Death occurs within the contestability period

  • The policy was issued without a medical exam

  • Medical records are reviewed only after death

  • The insurer conducts a retroactive underwriting review

In these cases, the insurer is comparing post death medical records to application answers that may have been completed years earlier under very different circumstances.

Why These Denials Are Frequently Overturned

Omission denials fail for several recurring reasons:

  • The omitted information was unrelated to the cause of death

  • The insurer already had access to the information

  • The application questions were ambiguous

  • The insurer cannot prove underwriting impact

  • The insurer accepted premiums despite the omission

Courts do not allow insurers to retroactively rewrite underwriting decisions simply because a claim was filed.

What Beneficiaries Should Do After an Omission Denial

If a claim is denied due to an alleged omission:

  • Request the full application and underwriting file

  • Identify exactly what information is claimed to be missing

  • Determine whether the insurer explains why it mattered

  • Compare the omission to the actual cause of death

  • Preserve all medical records and correspondence

Many denial letters never explain materiality. That omission alone can be significant.

Why Legal Review Changes the Outcome

Insurers often rely on beneficiaries assuming the denial is correct. Once challenged, many insurers struggle to justify their position.

A focused legal review examines:

  • The wording of the application questions

  • The underwriting guidelines in effect at issuance

  • Whether the insurer would have acted differently

  • Whether the insurer complied with rescission rules

When forced to prove these elements, insurers frequently reverse course.

Final Takeaway

An omission on a life insurance application does not automatically void coverage. It does not automatically justify denial. And it does not give the insurer unlimited discretion.

Most omission based denials hinge on whether the missing information actually mattered. In many cases, it did not.

If a life insurance claim has been denied due to an alleged omission, that denial deserves careful scrutiny. When handled correctly, these claims are often paid, even after an initial rejection.

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.

  • By submitting, you agree to receive text messages from at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy