Genetic testing is more accessible than ever. People take these tests to find out if they are at risk for illnesses like breast cancer, Alzheimer’s, or heart disease. But what happens when this private health information intersects with life insurance applications? Can insurers ask about your results? Could the information be used to deny coverage or a future claim?
These questions are not hypothetical. In many cases, the way you handle genetic test results can directly affect your family’s ability to receive life insurance benefits after your death. If you need a Nebraska life insurance lawyer call us.
Do Life Insurance Applications Ask About Genetic Testing?
Life insurance applications often ask about your health history, including conditions you have been treated for or told you are at risk for. While not every company asks specifically about genetic testing, some do include broad questions that can cover any warning received from a doctor.
For example, a woman who learned she had a gene that increases the risk for ovarian cancer applied for life insurance without mentioning the test. She had no symptoms and believed it was not required. After her sudden death two years later, the insurer reviewed her medical records and found references to the genetic result. They denied the claim, stating she failed to disclose a material risk.
Even if a test is not a diagnosis, some insurers may treat it as relevant if the results appear in your file.
Are Insurers Allowed to Use Genetic Information?
Health insurance companies are not allowed to use genetic information against you, thanks to a federal law called the Genetic Information Nondiscrimination Act. But that law does not cover life insurance, disability policies, or long term care coverage.
Life insurers are legally allowed to ask about test results and can use them to decide whether to issue a policy or how much to charge. In some cases, they may request full medical records, which can include notes about genetic risks or family conditions.
One man in his early forties tested positive for a gene linked to early cardiac disease. His doctor added a note in his medical file but advised no treatment at the time. A year later, when he applied for life insurance, the company denied coverage after reviewing the file. The genetic result was considered too risky, even though he was otherwise healthy.
What Happens If You Do Not Disclose Genetic Testing?
If you are asked a question about health risks or conditions and you do not answer truthfully, your policy may be challenged later. This is especially common if the insured dies within the first two years of coverage, during what is known as the contestability period.
In one case, a man died of liver failure sixteen months after purchasing a policy. The insurer found that he had previously undergone genetic screening that showed a heightened risk for the same condition. Because he had answered no to a question about known health risks, the company denied the payout. His family lost their legal challenge, and the benefit was never paid.
If a genetic test result is considered material, even if it was not a diagnosis, omitting it can lead to problems.
Are There Legal Protections?
Federal protections are limited. While health insurance companies cannot use your genetic information, life insurance companies usually can. A few states have proposed laws to restrict how genetic data is used, but most still allow insurers to consider it during the underwriting process.
Applicants should read every question carefully. If the application asks about known risks, family medical history, or recommendations from a doctor, it may include anything discussed after a genetic test. If you are not sure how to answer, it is best to seek legal advice before submitting the application.
Should You Voluntarily Share Genetic Test Results?
If the application does not ask about genetic testing, and you have no diagnosis or symptoms, you may not need to mention the test. However, if your doctor discussed specific risks or entered the information into your medical file, it is likely the insurer will see it during the review.
Some applicants delay testing until after their policy is in place. Others request that results be kept out of shared medical records. These choices carry their own risks and should be made only with full understanding of the potential consequences.
Denied Claims Involving Genetic Tests
Many families only learn about the rules when a claim is denied. Insurers may argue that the insured failed to disclose material information, even if the genetic test was not clearly addressed in the application.
A family in New York filed a claim after their son passed away unexpectedly. He had a life insurance policy issued just over a year earlier. During review, the insurer discovered that he had tested positive for a gene linked to blood disorders. That result was mentioned in his primary care records. The company denied the claim, arguing that the test result should have been disclosed.
The family hired a life insurance lawyer who reviewed the application and found that the question about health risks was vague. After months of legal negotiation, the insurer agreed to pay the full benefit.
How a Life Insurance Attorney Can Help
If you are preparing to apply for life insurance and have undergone genetic testing, an attorney can help you understand what must be disclosed. If a claim has already been denied based on a test result, legal help can make the difference between a lost benefit and a successful appeal.
Our team has handled genetic test disputes, contestability cases, and denials related to medical misstatements. We understand the legal landscape and can work to recover what your family was promised.