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Do I Commit Insurance Fraud In My Case?

Staten Island, NY |

I filled out and signed a life insurance application and the ins company is processing my application now. I answered “No” on "Hepatitis and Liver Disease", but I wrote that I am a "HEPATITIS B VIRUS CARRIER" they asked my "Recent Health History " ‘cause I feel "carrier" is sound better then "disease". Recently, I understand that Hepatitis B is also a chronic disease even no symptom ‘cause I visited a state health department mentioning about Hepatitis B Virus Carriers. I would like to know that do I commit an insurance fraud because I answered “No” on “Hepatitis and Liver Disease”, but I wrote that I am a "HEPATITIS B VIRUS CARRIER". What can I do if I really made the mistake and false statement? I would very appreciate if some New York criminal and insurance lawyers can enlighten me.

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Attorney answers 5

Posted

I've been practicing insurance law, including life insurance law for 25 years in NY. Your answer "No" is a misrepresentation. If you were to die within two years of the policy being issued, the carrier might be able to avoid payment because of that misrepresentation, however, the fact that you disclosed that you were a "hepatitis B. virus carrier" in all probability negates the misrepresentation, and I think it would be really hard for for a carrier to avoid liability because of that. You are not going to be prosecuted criminally for this mis-statement. Worst case is you die within two years, and the carrier refunds your premium rather than paying the benefit.

Asker

Posted

Many thanks for your professional help.

Posted

Technically, you may have filed a false instrument, specifically if you signed and swore to the truth of the statements. I would call the insurance company and ask if its possible to change an answer on your application.

Asker

Posted

Many thanks for your professional help.

Posted

If you have hepatitis and you answered NO that was a false answer and the carrier can file criminal charges against you. Most likely the carrier will just deny you coverage given you put them on notice that you are a hepatitis carrier.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Asker

Posted

Many thanks for your professional help.

Posted

The life insurance will be denied due to a material misrepresentation

Asker

Posted

Many thanks for your professional help.

Posted

You gave notice to the insurer of hepatitis. You can always clarify now but I am certain the insurer will investigate while processing the application and ask for more info anyways.

Asker

Posted

Many thanks for your professional help.

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