Legal Question in Elder Law in Texas

Life insurance Disability Waiver of Premium misrepresented and cancelled

My mother has been disabled since age 54. Every year her life insurance premium has been waived as long as she received and returned a form to the insurance company that she is unable to work. This past year she has moved from her home, to a retirement center, to a nursing home and I was unable to find the paperwork. I contacted the life insurance company and received the paperwork and returned it, but was told that the company had made an error and she would no longer be covered as she has reached retirement age. That, in fact, her coverage should have been discontinued at age 65 (9 years ago as she is now 74.) She had been led to believe that as long as she continued to be unable to work she would ALWAYS have her premium waived. This was substantiated by the fact that they continued to do so for the 9 years after she turned 65.

What recourse do we have in that the insurance company misrepresented her coverage which dissuaded Mom from seeking other coverage and we are now unable to afford the current exorbitant premiums?

How can I be sure that the paperwork they sent is not a newer policy with different coverage..? The paperwork I found has different verbiage and precedes the copy sent to me.


Asked on 10/23/08, 2:05 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Life insurance Disability Waiver of Premium misrepresented and cancelled

We would be happy to review the case..but need to see the policy and all correspondence...

Read more
Answered on 10/23/08, 2:44 pm


Related Questions & Answers

More Elder Law questions and answers in Texas