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ARTICLE ID 161725

$________ Insurance obligation - Coverage dispute - Coverage offered with mortgage - Refinance after decedent learns of lung cancer.

Monmouth County, NJ

In this case, the decedent and his wife had included a $________ term life policy with their mortgage and had this coverage for some years. After the decedent was diagnosed with lung cancer, the couple refinanced, keeping the policy. When the widow made a claim after the death, the defendant insurance company disclaimed, contending that the lung cancer constituted a preexisting condition that existed within the applicable time frame that would void the coverage.

The plaintiff countered that the couple had merely continued the same coverage and denied that the coverage constituted a new policy that would be subject to these time constraints. There was no requirement for answering medical question. The plaintiff further maintained that the individual who took the information for the refinancing was aware of the lung cancer and the plaintiff contended that the defendant was estopped from denying coverage.

The plaintiff had filed a Consumer Fraud counter-claim, contending that the defendant engaged in an unconscionable commercial practice that gave rise to treble damages, costs and attorneys fees.

The case settled for $________.

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