Hi There It's a complex area of insurance, but let me explain it as clearly as I can (with the usual disclaimers, this is just some-guy, I'm not representing a product or anything, the advice may be completely unsound, this is just a fellow who thinks he understands things but maybe doesn't giving what he thinks is an informed but informal comment) Under normal conditions the main categories where a company wants the "WE REFUSE TO INSURE YOU" outcome are: 1) where you are travelling AGAINST medical advice 2) you have a terminal prognosis 3) you have a problem that compromises your autoimmune response (ie you're pretty much guaranteed to get sick somehow) 4) your condition is not in the above circumstances but is severe and high risk .. like folks who require constant oxygen, etc etc What they want to avoid is people who are certainly going to lodge a claim, and where the claim will be messy and ambiguous - for example, getting sick overseas from the flu is a condition all travel insurances would normally cover .. but if the person is dying of advanced HIV or something like that, then it's not a fair ask on the insurance company. (If they want to go overseas and are happy with the risk, self funding is the only option). For everybody else, the intention is to fall into one of two possible buckets: 1) You have a pre-existing condition and we are happy to cover it (usually for a fee) 2) You have a pre-existing condition, and either you dont want it covered (to avoid a fee) or we refuse to cover it (because of the risk). In this scenario ALL CLAIMS ARISING FROM THE PRE-EXISTING CONDITIONS ARE EXCLUDED. Most cancers fall into that Bucket #2, but the Insurance companies have these online processes that they want to be as simple & easy as possible (while at the same time protecting their interests), so it's a very messy and uncertain area of insurance. And the online processes can err on the side of caution, rejecting cover if the event was recent (like the past couple of years) but approving it once you've been stable for more than a few years. So one approach is to take it on the chin, and self insure, or travel in a few years when the smoke has cleared. BUT, those online processes are complex, and have to deal with lowest-common-denominator consumers. For example: a person can buy a policy online and make a mistake with their disclosure. For example, I was diagnosed with Tonsillar Cancer in 2016, and right now I'm cancer free. (Yippee), so I might easily make the assumption that I *dont* have cancer, misunderstanding what a 'pre-existing condition' is, and simply answer NO to the online question "do you have a pre-existing condition?" See what I mean ? I'm not a BLEEPING lawyer, am I supposed to read and understand their mumbo jumbo definitions ? (Yes, Yes I am. But No .. people don't, it's a known commercial reality) In that circumstance, the Insurer is definitely on the hook for all those routine kinds of claims (luggage, slip & fall, whatnot), and generally they want to be and are happy to be. It becomes muddled and messy if you wind up in hospital and it's somehow directly or indirectly related to the cancer. In that circumstance the Insurer looks at a false or incomplete disclosure, and arbitrates accordingly. So yeah, if you get sick overseas due to the cancer, that's where there are problems, but if you bought a normal policy and had a normal unrelated claim, even though you failed to disclosure (example somone nicked your iPad), the cancer doesnt even come into the conversation and your coverage is pretty much OK. But you see how mucky it can get ? It's not your fault. It's not the Insurer's fault, everybody is authentically trying to muddle through and do the right thing, but between the real human medical histories, the online processes and Insurers protecting their interests, it becomes a bit ... icky. I can't tell you what to do, but I can tell you: YES, you do absolutely have a thing called a Duty of Disclosure. YES, an Insurer does absolutely have the right to refuse insurance. It's data-based from actuarial/clinical outcomes so it's not unfair or discriminatory, it's about making insurance accessible and affordable by having a line in the sand about who can & can't be covered NO, Insurer's dont stop you from quick-buying online, and they also don't require YOU to purchase the policy, family members can buy your insurance for you, so incomplete and misunderstood disclosures are a commercial reality The regulators across the world widely recognise that consumers do not properly read or understand all of these jargonistic T&C documents (Product Disclosure Statements), so when there are disputes the litmus test is actually normally "what is fair and reasonable" Most folks who have not had cancer would think it's "fair and reasonable" to assume that insurance doesn't cover cancer, so at any point saying "I thought my cancer was COVERED" even in the highest court of the land, you'll probably wind up unsuccessful But most folks would assume that the cancer is not covered, but the other normal stuff is (And those assumptions typically inform how claims & disputes are handled) So yeah, sorry for the long winded reply, and again disclaimer "I'M JUST SOME GUY RAMBLING AND ACCEPT ABSOLUTELY NO LEGAL RESPONSIBILITY FOR THIS ADVICE IN ANY CONTEXT, ITS JUST RANDOM INTERNET MUMBLING. IT DOES NOT REPRESENT A PRODUCT, AN INDUSTRY, OR AN INFORMED VIEWPOINT IN ANY WAY. I AM AN IDIOT. A COMPLETE IDIOT" If I were at my wits end after trying to buy insurance and feeling confused, and if I in good conscience knew my health were sound for the trip, but for some reason I keep screwing up the application forms, what I'd do is get my spouse to buy the insurance for me, let them try and work out all that pre-existing condition mumbo jumbo, probably they'd just answer NO with a quick "huh ? no, we dont want that, we know its not covered" Anyway, I get that the above isn't really clear & comforting, if you're adamant about dotting all your Is and crossing all your Ts, what I'd suggest is: - pick up the phone and call the candidate insurer - ask to speak to a team leader, say you have some complex questions about pre-existing conditions - explain your history to the team leader and say you just want general cover without the pre-existing condition, and that you're not travelling against medical advice, all clear, etc etc .. (they may ask you to send in a "clear to travel" statement from your doctor). (the call centre phone jockeys, for the most part, can only give scripted advice, and if you ask them questions touching on scary stuff like cancer, they'll go all scooby-doo on you - so yeah, this last bit is making sure you get some clear and certain advice from an appropriate person ... the initial phone answerer generally is OK for 96% of Insurance inquiries, but you're the 4%, so ask for next-step-up helper) Sorry if this is too rambling, vague and uncertain, just wanted to throw it all out there. Again, disclaimer, I'm an idiot, the above is a story-telling narrative and not specific functional advice regarding any industry or product 🙂
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