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I'm welcoming thoughts on how the Sept 23rd change regarding carriers not being able to rescind policies will affect underwriting.
After Sept 23rd a review board will be set up by HHS. If a carrier wants to rescind a policy the insured must be notified, then the case goes off to the third party committee.
Policies will only be rescinded when the carrier can prove intent to defraud. So, the person who smokes 2 packs a day yet checks "non smoker" is a no-brainer - clearly intent to defraud.
But that client who forgot to list that med they took 4 years ago? Almost impossible to prove intent. Assurant had a famous battle where a condition was listed in the doctor's notes the client wasn't even aware of. Assurant eventually lost that case. Under the new rules there is no case - rescision denied.
So, will carriers be going to 100% APS?
After Sept 23rd a review board will be set up by HHS. If a carrier wants to rescind a policy the insured must be notified, then the case goes off to the third party committee.
Policies will only be rescinded when the carrier can prove intent to defraud. So, the person who smokes 2 packs a day yet checks "non smoker" is a no-brainer - clearly intent to defraud.
But that client who forgot to list that med they took 4 years ago? Almost impossible to prove intent. Assurant had a famous battle where a condition was listed in the doctor's notes the client wasn't even aware of. Assurant eventually lost that case. Under the new rules there is no case - rescision denied.
So, will carriers be going to 100% APS?
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