Would I win if I sued this insurance company?

Question

About 3 months ago I filled out a life insurance application, took the physical etc. The policy was for My wife, my child and I. My wife and I are both 21 years old with no medical problems etc. The premium was supposed to be $38 dollars a month. Well after 3 months my agent calls me and is like the policy came back, but there is one problem they found nicotine in your wife's urine sample, so the premium will now be $47 a month, only problem is my wife has never put a cigarette to her lips and we are never around people that smoke, so their must have been an error in 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 test. They refused, and said there was no system in place for possible error. I find this to be obsurd we are healthy people raising a family. Its not the $9 a month that bothers me its the principle that their saying my wife smokes and she doesn't. Would we win if we brought suit?

Answer 1

Probably not, they have the best attorneys working for them.

Answer 2

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.

Answer 3

No, because they'll whip out the test results, that show nicotine use.

And hand you the bill for their lawyer.

Go to another agent, and get a policy with a different company.

Answer 4

there is no chance in h**l you'll win insurance companies have the best lawyers you'll look like an idiot if you do sue

Answer 5

You would not even have a snowballs chance.

You should just apply for coverage with another carrier and

this time apply as a smoker or stay off the cigs for at least 3 days.

You can always accept the policy and after 12 months without smoking you can apply to have the non smoker rate.

These labs conduct hundreds of tests a day and a false positive on nicotine is not really believable

"If you really don't smoke" pay for the additional exam or take your business elsewhere. That is your only reasonable course of action.  

I hate to say it but I would trust the test over my own wife.

Answer 6

See if they will retest it might have been a mistake. Or she was around someone that smoked or something like that.

Answer 7

I know you don't want to believe this, but is it possible that your wife had a drink or 2 one night and took a puff of a cigarette that she doesn't want to admit to you? I hate to plant seeds 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 scared to tell you she took a puff off a cig because she knew you'd get REALLY mad because of what happened to your grandmother?

If I were you, I'd either find another company to get insurance with or pay the extra $9/month until you reach the 2 year period where you can reapply and get the non-smoker rates.