Long Term Care Insurance
Helping people when insurance companies don´t keep their promises.
Long Term Care Insurance

Post Claim Underwriting

Post claim underwriting is a practice employed by some insurance companies which wait until you file a claim before spending money to determine prior health conditions. Then, after you have a claim, it asserts that no coverage exists. The insurance company performs this after-the-fact evaluation to rid itself of an insured individual it contends should never have received insurance coverage.

This is one way that insurance companies try to avoid paying claims - by reevaluating your policy after you make a claim. In other words, insurance companies take a second look at how and why your policy was issued in the first place.  The assumption is that since you are in need of benefits, the insurance company obviously miscalculated how much of a risk you would be, therefore, the policy should never have been issued. The company then cancels/rescinds the policy and returns the premiums that you have paid. This is called "post claim underwriting" - when the insurance company does its risk calculation after you file a claim.

Companies engage in post claims underwriting because it is profitable: less money is spent on investigation (underwriting) and more money is collected in premiums (no reason to turn away premiums from people even if they are not qualified for insurance.) The company takes the premiums, and if the policyholder never files a claim, great!  If the policyholder does file a claim, the company denies it on the grounds that they were never qualified to begin with. It is a heads we win, tails you lose proposition for the insurance comapny.  And when the company makes a practice of it, and collects premiums from hundreds, thousands, or millions of people who are not qualified for regular coverage, they are making millions in premiums off of customers who do not qualify for coverage and will not be covered if they file a claim, because most do not file claims, and the company just keeps the premiums.    

Insurance companies that do this are seriously harming the public because it allows for people to falsely believe that they have insurance protection. Once the policy is issued, folks stop seeking additional insurance coverage.  Then, once they need benefits, it is generally too late for them to get any other type of coverage. In other words, they are hung out to dry.

There is no need for companies to engage in this practice. Insurance companies have all the information they need before issuing a policy to avoid this from happening to people. When you apply for insurance, you have to fill out an application and disclose all sorts of information about yourself to the insurance company, like your age, your health history, etc. Based on this information, the insurance company decides if it is going to make you an offer of insurance and on what terms and for what premium. An insurance company is generally not required to issue you a policy. The insurance company can place "riders" on your policy which limit the benefits offered or it can decline to offer you any insurance at all if it feels that you pose too much of a risk. This determination should all be completed before your insurance policy is ever issued. If an insurance company believes that you may have pre-existing health conditions that make you a higher risk than average, then it must investigate those facts before it determines what type of insurance to offer.

The typical post claim underwriting insurance company is fairly easy to recognize. If at the time of your application, your insurance company requested no medical exam, asked only if you were in "good health", only allowed for yes or no answers to health question or even asked no health questions at all, chances are that the insurance company practices post claim underwriting.

If you have already filed a claim, here are some clues as to whether or not your insurance company is engaging in this type of conduct. First, after you file a claim, the company will ask you to sign a release for your medical records or it will use a release obtained during the application process. However it gets them, the insurance company will now begin to review your medical records. Usually, a long delay occurs between the time you file your claim and the company's answer. That's because it is now doing the investigation it should have done when you applied for insurance coverage. It will then find some omission or inconsistency from what was shown on your original application and deny coverage on the basis of misrepresentation, concealment or fraud in your application. You will be advised that your policy is being rescinded, the premiums returned, and that there is no coverage for the claimed loss.

This Site brought to you by

Abourezk Law Firm

Call us with any questions

(605) 342-0097
(800)-377-3351

or visit our office
2020 W. Omaha
P.O. Box 9460
Rapid City, SD
57709
or email us at


Contact us for Free
Name:

Email:

Subject:


State:


Message: