Lapse of an Insurance Policy

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Does It Mean if My Policy Has Lapsed?

When your insurance policy lapses, it means that it’s no longer active. This usually happens when you haven’t paid the premium within the grace period. Without active insurance coverage, you’re not protected against potential risks or losses.

What if My Insurance Company Did Not Notify Me That I Needed to Renew?

Insurance companies typically send reminders when it’s time to renew. If you didn’t get a notice and your policy lapses, reach out to them. Some errors might have happened, or the notification might have been lost in the mail.

Can I Recover a Lapsed Insurance Policy?

Yes, many insurance companies allow you to reinstate a lapsed policy.

Paying Overdue Premiums

When an insurance policy lapses due to non-payment, the most immediate step to consider reinstatement is covering the overdue premiums. This is essentially settling the unpaid amount that led to the policy’s discontinuation. Remember, insurance operates on a contractual basis. By paying premiums, you’re upholding your end of the agreement.

Example: Imagine your monthly premium is $100, and you missed three months. To reinstate, you’d likely need to pay the $300 overdue and possibly some additional fees, depending on your insurer’s policies.

Providing Evidence of Continued Insurability

After a policy lapse, insurance companies want assurance that the risk they’re covering hasn’t substantially changed. Being a “good insurance risk” means that the likelihood of a claim hasn’t increased significantly since the policy’s start. This could involve presenting documents, filling out questionnaires, or showing records that demonstrate stability or low risk in the area of coverage.

For instance, a car insurance provider might want proof of a clean driving record. At the same time, a home insurer could be interested in any new security measures or maintenance updates to your property.

Undergoing a Health Assessment for Life Insurance

Life insurance is unique because the risk is directly tied to your health and well-being. If a life insurance policy lapses, the company may require a new health assessment before reinstatement. This assessment could be as simple as answering health-related questions or as comprehensive as undergoing a full medical exam.

Why is this important? Let’s say you were a non-smoker when you first got the policy but have since picked up the habit. Smoking can impact life expectancy, so the insurance company might adjust your premiums based on this new information. Similarly, the discovery of a new medical condition might influence the terms of your policy or its associated costs.

In essence, the health assessment ensures that the insurance provider has an updated understanding of your health profile, allowing them to adjust the terms of the policy accordingly.

What Are the Disadvantages of Reinstating a Lapsed Life Insurance Policy?

Reinstating isn’t always a walk in the park. Here are some drawbacks:

Higher Premiums

When you reinstate a lapsed policy, it’s not just about picking up where you left off. The insurance company reassesses the risks involved with insuring you. As time has passed since your initial policy, factors like age, lifestyle changes, or general policy rate increases can come into play. For instance, if you initially took out a life insurance policy at age 30 and it lapsed when you were 35, you might be looking at the rates for a 35-year-old (which are typically higher) when you try to reinstate.

Waiting Periods

Reinstating a policy might reset the clock on certain waiting periods. These are durations during which certain benefits aren’t available. For example, some health insurance policies have a waiting period before covering maternity benefits or pre-existing conditions. If you had already waited out a year of a two-year waiting period before your policy lapsed, you might find yourself starting that wait from scratch upon reinstatement.

New Examinations

Going through new medical examinations can be a hassle. For life or health insurance, if you’ve had a policy lapse, the company may want a fresh assessment of your health. Not only does this mean sparing time for doctor’s visits, but there’s also a chance that new health issues could surface. Let’s say you took a life insurance policy when you were perfectly healthy. If, by the time of reinstatement, you’ve developed a medical condition, it could impact your eligibility or lead to even higher premiums than anticipated.

Can I Get Money From Lapsed Insurance?

Whether you can get money from a lapsed insurance largely depends on the type of policy you have. Let’s simplify this concept, focusing on the difference between term life insurance and policies with cash value.

Term Life Insurance

This type of insurance provides coverage for a set duration – maybe 20 or 30 years. If you’re still around when the term concludes, the policy terminates. Here’s the key thing to remember about most term policies: they don’t accumulate cash value. Think of it like renting: you get the benefit of living in a house, but when your lease ends or if you break the lease (akin to letting your policy lapse), there’s no return on all the rent you’ve paid.

Policies with Cash Value (Whole and Universal Life Insurance)

Contrastingly, certain life insurance policies come with an added advantage – they build cash value over time. Imagine this as building equity in a home. A portion of your paid premium accumulates as cash value, growing as the policy matures.

If such a policy lapses, you don’t immediately lose everything. Depending on the terms, you could be eligible to withdraw or “surrender” this accumulated cash value. However, there are two things to keep in mind:

  • Outstanding Loans: If you’ve borrowed against your policy’s cash value, this loan amount (and sometimes interest) gets deducted from the cash value you can take out.
  • Surrender Fees: Insurance companies might charge a fee for withdrawing the cash value before a certain period.

In conclusion, whether you can get money from a lapsed insurance largely depends on the type of policy you have. Always keep open communication with your insurance provider and, if in doubt, consider seeking advice from financial or insurance professionals to make informed decisions.

Should I Contact an Attorney?

Understanding your insurance policy and ensuring it provides the protection you expect is crucial. However, there can be times when disputes arise, misunderstandings occur, or you believe there’s been an error regarding your policy, especially when it lapses. During such times, it might feel overwhelming to address the situation by yourself, given the complexities of insurance terms and legalities.

In these scenarios, consulting an attorney can be beneficial. An insurance attorney can help clarify the situation, advise on potential resolutions, and represent your interests.

For instance, imagine you’re confident you’ve made all necessary premium payments, but the insurance company claims otherwise, leading to a lapsed policy. An attorney can review the evidence, communicate with the insurance company on your behalf, and work toward a resolution that ensures your protection.

You may find yourself in a situation where you’re unsure about how to proceed or feel that your concerns aren’t being adequately addressed by your insurance provider. If this is the case, don’t hesitate to seek legal advice. LegalMatch can connect you with seasoned insurance lawyers who are well-equipped to guide you through your concerns, ensuring that your interests are prioritized.

While insurance is designed to be a defense against unpredictable life events, ensuring that this protection remains intact requires vigilance. Being proactive, informed, and seeking professional advice when needed can go a long way in ensuring you’re always covered and your rights are never compromised.

Did you find this article helpful?
Not helpfulVery helpful

Save Time and Money - Speak With a Lawyer Right Away

  • Buy one 30-minute consultation call or subscribe for unlimited calls
  • Subscription includes access to unlimited consultation calls at a reduced price
  • Receive quick expert feedback or review your DIY legal documents
  • Have peace of mind without a long wait or industry standard retainer
  • Get the right guidance - Schedule a call with a lawyer today!
star-badge.png

16 people have successfully posted their cases

Find a Lawyer