What Was the Result in Amex Life Assurance Company V

question 61

Multiple Choice

What was the result in Amex Life Assurance Company v.Slome Capital Corp.,involving whether an insurer was bound to pay on a policy,even though the insured had someone else take his physical examination for him in order to conceal that he was HIV-positive?

• A) The insurer did not have to pay the life insurance proceeds, because fraud was involved.
• B) The insurer could avoid payment of the life insurance proceeds, but only if it could present clear and convincing proof that fraud was involved.
• C) The insurer could avoid payment of the life insurance proceeds, regardless of whether fraud was involved.
• D) The insurer had to pay the life insurance proceeds, because the insured had medical privacy rights, and therefore no duty to reveal he was HIV-positive.
• E) The insurer had to pay the life insurance proceeds, because the incontestability clause in the policy prevented the insurer from denying coverage.

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Definitions:

Sexual Victimization

The act of subjecting someone to unwanted or forced sexual actions or behaviors.

Allegations

Claims or assertions that someone has done something illegal or wrong, typically made without proof.

Investigation

The systematic inquiry or study into something to discover facts or gain an understanding.

Officer Subculture

A set of norms and values shared among police officers, shaped by unique aspects of their work environment.