During the risk selection process for a life insurance policy, an underwriter evaluates several sources of information. Part II of the initial application indicates the applicant has no history of cardiovascular disease. However, a Medical Information Bureau (MIB) report returns a code suggesting a recent heart-related hospitalization. Furthermore, the Agent's Report notes that the applicant was highly evasive when questioned about their lifestyle and engaged in chain-smoking during the interview. Based on these sources of underwriting information, which of the following is the legally compliant action the underwriter must take?
- Order an Attending Physician's Statement (APS) to obtain further clinical details, because an adverse underwriting decision cannot be made based solely on information obtained from the MIB.Answer
- BImmediately void the application and deny coverage, because the answers provided in Part II of the application are considered legal warranties, and the MIB report proves a breach of warranty.
- CReturn the application to the producer with instructions to unilaterally correct the medical history section so that it matches the MIB report before the policy can be processed.
- DClassify the applicant's evasive behavior as a physical hazard and immediately decline the application by relying entirely on the adverse findings within the MIB report.
Answer
The underwriter must order an Attending Physician's Statement (APS) to verify the medical history, as adverse actions cannot be based solely on MIB reports.
When an underwriter finds a discrepancy between an application and an MIB report, they are required by MIB rules to conduct an independent investigation to verify the facts. They cannot use the MIB report as the sole justification for declining the policy or rating up the premium. The standard procedure for investigating a medical discrepancy is to request an Attending Physician's Statement (APS) from the applicant's doctor.
Step-by-Step Solution
Key Concept
Sources of Underwriting Information