Acworth, GA asked in Insurance Bad Faith and Health Care Law for Michigan

Q: Life insurance claim issues after brother's death in MI; company requests medical access.

My brother passed away a couple of weeks before the end of the contestability period, and I submitted a valid life insurance claim with the original death certificate. However, the insurance company is asking for permission to contact his doctors and review his medications, although my brother had given them permission when he got the policy. They are unwilling to honor the claim until I grant them access to his medical history, despite my brother having disclosed a pre-existing condition in the initial health questionnaire. The company has not provided any specific reason for the request, nor will they communicate directly via email, preferring verbal communication. I am concerned they are trying to find a loophole to avoid payment and threaten to refund only the premiums or put the claim on hold. I refuse to violate HIPAA by complying. I'm unsure whether to consult with a lawyer in Michigan, Kansas where the company is based, or in my state. What are my options?

1 Lawyer Answer
Rabih Hamawi
PREMIUM
Answered

A: If the policy was issued in Michigan, or the decedent resided in Michigan when he purchased the policy, then you should consult a lawyer in Michigan.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.