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Insurance Incontestability and HIVDear
Mar 9, 2005

Dear Experts,

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.

Regards,

Worried.

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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