QUOTE(justafriend @ Jan 9 2015, 02:07 PM)
Best wishes for a speedy recovery TS!
I do not have any vested interest on the outcome of the claim either way, but with your permission, I would like to share my 2 rupiah opinion.
The summary of it is that I do not think the claim on the 2013 policy would be successful.
Insurance is a contract- nothing more, nothing less. So let's have a quick look at the components of a contract. There is the buyer/proposer, the seller/acceptor and consideration which is something of value, in this case the monetary insurance premium that the client would be paying.
One of the main difference of a insurance contract compared to other contracts, is that it is a contract of uberrimae fidei in latin which means utmost good faith. So the client is supposed to declare their health in full, to the best of their knowledge in good faith to the insurance company. The insurance companies then decide should they want to accept this proposed insurance, decline or impose any special condition to it.
By not declaring the medical condition (cyst) even though knowing about it and with doctor's acknowledgement of its existence is a breach of contract of utmost good faith. Whether or not it is a top-up policy with the same policy number or an entirely new policy is not relevant because the condition existed prior to the policy being entered in 2013 (pre-existing condition). The exception here is that companies may at certain times make an explicit waiver for health requirements declaration for certain periods or certain products (i.e. senior citizen life coverage that do not require medical check up).
The next question that may arise is that the cyst was on the right breast, whereas the cancer was on the left breast. So in tandem with the non-declaration of a pre-existing condition, we now look at whether this is a material fact. A material fact is defined as one that would make an underwriter make a different decision. Some definitions go as far as to term it 'prudent underwriter'.
If the client had disclosed the existence of the cyst when taking up the policy in 2013, would the underwriter decline the case? Would the underwriter request for a medical check up at their panel clinic? Would they impose a loading term? Would they exclude breast coverage?
We wouldn't know, but the choice of declaration is not within the scope of the client nor the agent to determine. The client is supposed to declare and let the underwriter make the decision. In that case, even if case was mistakenly approved, the burden of proof and claim then rests with the insurer and not with the client as is the case now.
The small silver lining is that the insurer would need to refund the premiums paid since 2013. You may still opt to write in to appeal based on compassionate grounds but the chances wouldn't be very high.
Once again, i wish you good health and a speedy recovery and i'm sorry i could not give you a brighter reply to your claim.

First of all, thank you very much for your reply.
I really confuse, I did informed my agent all those information including I am a thalesimia carrier, but he told no need to declare anything on it. So, as a general public, I buy insurance from an appointed agent by GE, of course I have to trust him, what is wrong with me? GE is suppose to investigate on the quality of their before making any judgement on it.
Now, one of my child also a carrier of thalesimia, but with agent's advice, we did not declare it to GE. So, what shall I do next?
Since agent who is so called "TOP agent" of GE cannot be trusted, what shall I do??

I hope to make as a big issue so that everyone will be alert. Previously, none of my family members believe in insurance except me, I'm the one who approaching them by telling them how important the insurance is especially when we need. But now, seems I'm totally wrong.
I know it's not a wise decision to cancel all my family members insurance now, but really get mad with GE ...... they are lier......they cheated n keep cheating by their agent. Any advice on this?
This post has been edited by AL0716: Jan 9 2015, 03:10 PM