Would I win if I sued this insurance company?
About 3 months ago I filled out a life insurance application, took the physical etc. The policy be for My wife, my child and I. My wife and I are both 21 years old with no medical problems etc. The premium be supposed to be $38 dollars a month. Well after 3 months my agent calls me and is like the policy come back, but there is one problem they found nicotine within your wife's urine sample, so the premium will now be $47 a month, lone problem is my wife has never put a cigarette to her lips and we are never around folks that smoke, so their must have been an error within the lab. I explained this to the agent and he called the underwritter and suggested to them that at his expense he would pay for another check. They refused, and said there be no system in place for possible error. I find this to be obsurd we are healthy empire raising a family. Its not the $9 a month that bothers me its the principle that their truism my wife smokes and she doesn't. Would we win if we brought suit?
Only if you could prove that your wife was a non-smoker three months ago.
Taking insurance companies to court can be costly and they usually win.
No, because they'll whip out the trial results, that show nicotine use.
And hand you the bill for their lawyer.
Go to another agent, and get hold of a policy with a different company.
I know you don't want to believe this, but is it possible that your wife had a drink or 2 one darkness and took a puff of a cigarette that she doesn't want to admit to you? I hate to plant seed of doubt, but it's more likely that there's something your wife failed to mention than the lab messed up the results. Is it possible that your wife would be terrified to tell you she took a puff off a cig because she know you'd get REALLY mad because of what happen to your grandmother?
If I were you, I'd either find another company to acquire insurance with or pay the extra $9/month until you arrive at the 2 year period where you can reapply and bring the non-smoker rates.
Probably not, they enjoy the best attorneys working for them.
Answers: You would not even have a snowballs chance.
You should purely apply for coverage with another carrier and
this time apply as a smoker or stay rotten the cigs for at least 3 days.
You can always adopt the policy and after 12 months without smoking you can apply to have the non smoker rate.
These labs conduct hundreds of test a day and a false positive on nicotine is not really believable
"If you really don't smoke" pay for the auxiliary exam or take your business elsewhere. That is your only fair course of action.
I hate to vote it but I would trust the test over my own wife.
there is no uncertainty in hell you'll win insurance companies have the best lawyer you'll look like an idiot if you do sue
See if they will retest it might have been a mistake. Or she be around someone that smoked or something like that.