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  • Title: Insurer must pay disability claim because HIV inquiry was belated.
    Journal: AIDS Policy Law; 1999 Apr 16; 14(7):1, 8-9. PubMed ID: 11366505.
    Abstract:
    The New York Court of Appeals ruled that New England Mutual Life Insurance Co. must pay on a policy sold to "John Doe" about a year after his HIV diagnosis. Doe denied having received any medical advice or treatment within the previous 5 years, although he was undergoing HIV treatment at the time. The insurer never checked Doe's records, however, and had a provision that gave the company 2 years to challenge Doe's statement. The controversial ruling only affects policyholders in New York State, although issues of pre-existing conditions could influence cases in other States. Details of the case are presented, along with a summary of how other States have ruled on incontestability clauses in insurance policies. Contact information is provided.
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