All too often the beneficiaries of life insurance policies are denied based on an alleged misrepresentation. What life insurance companies don’t always tell you is that the misrepresentation has to be material. Not every omission or misrepresentation on a life insurance application is material. The Missouri Statute, RSMo 376.580, regarding material misrepresentation reads as follows:

Misrepresentation.

376.580. No misrepresentation made in obtaining or securing a policy of insurance on the life or lives of any person or persons, citizens of this state, shall be deemed material, or render the policy void, unless the matter misrepresented shall have actually contributed to the contingency or event on which the policy is to become due and payable, and whether it so contributed in any case shall be a question for the jury.

           For example, we have had clients come to our law firm stating that the insurance company was alleging material misrepresentation on the application process because the insured misstated her weight. She was off 20 pounds on her application. The insured’s cause of death was completely unrelated to her weight. Therefore, while she made a mistake on the application, it did not rise to the level of material misrepresentation. This would not be grounds for denial by the insurance company.

          On the other hand, we have had individuals come to us after the insured passed away from cancer. On the life insurance application the insured failed to list the cancer as a medical condition. This would rise to the level of material misrepresentation as the matter misrepresented contributed to her death, or the event on which the policy is to be due and payable.

          Every case is different and should be reviewed by an attorney to determine if the misrepresentation or omission rises to the level of material. If you have been denied because the life insurance company is claiming material misrepresentation, give our experienced attorneys a call. Our attorneys offer free consultations.