|Insurance Incontestability and HIVDear
Mar 9, 2005
Recently I got a term life insurance policy in which I had to take a physical exam and blood test for HIV, which I passed. A few weeks after receiving this policy, I tested positive for HIV at the clinic (anonymous testing).
I plan on seeing my Doctor to for a full evaluation and to start treatment, but Im worried that the insurance company will use the 2-year incontestability clause to cancel my policy claiming that this is a preexisting condition. Can they do this? Also, should I be careful what I tell my doctor about earlier symptoms, as those could be recorded on my chart as serve as evidence that this condition was preexisting. I live in California if this makes any difference.
Thanks for you consideration.
Response from Ms. Franzoi
As long as you answered the questions on the application honestly, I do not think they can cancel your policy. Additional protection for you to keep the policy is that they required a blood test and you were negative on that test.
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