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Will Life Insurance Companies Get Access to Genetic Testing Results?

Genetic testing is more accessible than ever. Many people use it to learn about risks for conditions such as breast cancer, Alzheimer’s disease, or heart problems. What is far less understood is how those test results can affect life insurance applications and claims.

Life insurance is not regulated the same way as health insurance. In some situations, genetic information can influence whether coverage is issued, how much it costs, or whether a claim is paid later. Understanding how insurers view genetic testing can help prevent problems long before a claim is filed.

Do Life Insurance Applications Ask About Genetic Testing?

Most life insurance applications do not ask a direct question that says “Have you had genetic testing?” Instead, they usually ask broader questions about health history, known medical risks, or information you have been told by a doctor.

These questions may include:

• Whether you have been diagnosed with or advised you are at risk for a serious illness
• Whether a physician has warned you about future medical concerns
• Whether you have undergone testing related to inherited conditions

Because of this wording, genetic test results can fall into a gray area.

Example: A woman learned she carried a gene associated with ovarian cancer. She had no symptoms and required no treatment. When she applied for life insurance, she did not disclose the test because she believed it was not a diagnosis. After her death two years later, the insurer reviewed her medical records, found references to the test, and denied the claim, arguing that she failed to disclose a known risk.

Even when testing does not confirm a disease, insurers may treat documented genetic risk as relevant if it appears in medical records.

Are Life Insurance Companies Allowed to Use Genetic Information?

Health insurance companies are restricted from using genetic information under federal law. Life insurance companies are not.

Life insurers are generally permitted to:

• Ask about genetic testing or inherited risks
• Review medical records that mention genetic results
• Use that information when deciding whether to issue a policy or set premiums

In many cases, insurers obtain full medical records during underwriting. If genetic test results or physician notes appear in those records, the insurer may rely on them even if the applicant did not mention testing directly.

Example: A man in his early forties tested positive for a gene linked to early heart disease. His doctor recommended monitoring but no treatment. When he applied for life insurance a year later, the insurer denied coverage after reviewing his records, citing elevated long-term risk despite his current good health.

What Happens If Genetic Testing Is Not Disclosed?

Problems most often arise during the first two years of a policy, known as the contestability period. During this time, insurers can investigate whether the application contained misstatements or omissions.

If an insurer believes genetic information was material and should have been disclosed, it may deny the claim.

Example: A man died sixteen months after buying life insurance. The insurer discovered he had undergone genetic screening showing increased risk for liver disease, which later caused his death. Because he answered “no” to a question about known health risks, the claim was denied. The denial was upheld after review.

Whether a genetic result is considered material depends on the application language and how the information appears in medical records.

Are There Any Legal Protections?

Federal protections are limited. Laws that restrict genetic discrimination apply to health insurance and employment, not life insurance, disability insurance, or long-term care policies.

Some states have considered limits on genetic data use, but most still allow life insurers to consider genetic information during underwriting and claim review.

Because of this, applicants should read questions carefully. If an application asks about known risks, physician warnings, or family medical conditions, genetic testing may fall within the scope of what must be disclosed.

Should Genetic Test Results Be Voluntarily Disclosed?

If the application does not ask about genetic testing and there is no diagnosis or treatment, disclosure may not be required. However, if the results were discussed with a doctor and documented in medical records, insurers may see them regardless.

Some people choose to:

• Secure life insurance before undergoing genetic testing
• Limit how test results are entered into shared medical records
• Seek advice before answering application questions

Each approach carries legal and practical consequences that should be carefully considered.

Denied Claims Involving Genetic Testing

Many families first encounter these issues only after a claim is denied. Insurers may argue that genetic results should have been disclosed, even when application questions were vague.

Example: A family filed a claim after their adult son died unexpectedly. During review, the insurer found a genetic test result in his medical records linked to blood disorders. The application asked about “known health risks,” but did not mention testing. After legal review and negotiation, the insurer agreed to pay the full benefit.

When Legal Guidance Matters

If you have undergone genetic testing and are applying for life insurance, legal advice can help clarify what must be disclosed and how to answer application questions accurately.

If a claim has already been denied based on genetic information, an attorney can review the policy, the application language, and the medical records to determine whether the denial is valid or can be challenged.

Genetic testing is meant to inform and protect your health. With the right guidance, it does not have to jeopardize your family’s financial protection.

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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