We’re here to help you discover all your options and make decisions with confidence.
FREE Ebook: Next Stop: Nursing Home Get My Copy Now!
Medicaid & Elder Law Attorneys | Orlando, FL | Family First Firm

Schedule Your Consultation Today!

(407) 574-8125
Family First Logo

Policyholder Has Claim Against Long-Term Care Insurer That Did Not Notify of Pending Lapse

Get The Legal Help You Need

Policyholder Has Claim Against Long-Term Care Insurer That Did Not Notify of Pending Lapse

September 7, 2018
Geoff Hoatson

A U.S. district court rules that the purchaser of a long-term care insurance policy may proceed in a breach of contract case against the insurance company after the insurer failed to notify the purchaser's son that the policy was in danger of lapsing, as required in the contract. Waskul v. Metropolitan Life Insurance Company (U.S. Dist. Ct., E.D. Mich., No. 17-13932, July 31, 2018).

Carl Waskul purchased a long-term care insurance policy from Metropolitan Life Insurance Company in 1996. The policy was guaranteed renewable, which meant that as long as Mr. Waskul paid the premiums, the company could not cancel the policy. In 2003, Mr. Waskul designated his son as "lapse designee" to receive notice if Mr. Waskul's policy was about to lapse for non-payment. In 2015, Mr. Waskul was diagnosed as cognitively impaired and failed to pay his premium in February 2016. The long-term care insurance company did not notify Mr. Waskul's son that the premium had not been paid.

When Mr. Waskul's children contacted the insurance company in 2017 for a coverage determination, they were told his policy had been cancelled. Mr. Waskul sued the insurance company for breach of contract and fraudulent misrepresentation. The insurance company filed a motion to dismiss.

The U.S. District Court for the Eastern District of Michigan, Southern Division, denies the motion to dismiss the breach of contract claim, but grants the motion to dismiss the fraudulent misrepresentation claim. The court rules that Mr. Waskul successfully states a claim that the insurance company did not meet its obligation under the contract "when it neglected to inform his son that [Mr. Waskul] had failed to pay his policy premium in February 2016." However, the court rules that Mr. Waskul does not state a claim for fraudulent misrepresentation because the company did designate his son as lapse designee. According to the court, failure to follow through "does not show that [the insurance company] knowingly made the false representation that [Mr. Waskul] could appoint a lapse designee.

For the full text of this decision, go to: https://cases.justia.com/federal/district-courts/michigan/miedce/2:2017cv13932/325526/13/0.pdf?ts=1533112944

Copyright © 2023. Family First Firm - Medicaid & Elder Law Attorneys. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Family First Firm – Medicaid & Elder Law Attorneys
(407) 574-8125
https://familyfirstfirm.com
Share This Blog

Our Locations

Orlando Office

Family First Firm - Medicaid & Elder Law Attorneys

1901 W Colonial Dr,
Orlando, FL 32804

Get Direction

Altamonte Springs Office

Family First Firm - Medicaid & Elder Law Attorneys
By Appointment Only

715 Douglas Ave Suite# 40,
Altamonte Springs, FL 32714

Get Direction

Get free legal advice sent to your inbox

Name(Required)

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship

407-305-7616
Skip to content