Insurance Contestability Period and MAID: What Families Need to Know

The Contestability Period Is the Real Risk — Not the Suicide Clause

Most families worry that an assisted death will trigger the life insurance policy's suicide exclusion clause. In several US states, including California, Colorado, Vermont, and New Jersey, statutes say a death after legally compliant MAID is not suicide. In Canada, guidance from the Canadian Life and Health Insurance Association (CLHIA) treats legally compliant MAiD as a natural death from the underlying illness. These protections address the assisted-dying choice itself; they do not remove the policy's separate contestability review.

But there's a different risk that catches families off guard: the two-year contestability period. And unlike the suicide clause, this one can actually result in a denied claim — even after a perfectly legal assisted death.

What the Contestability Period Actually Is

Standard individual life insurance policies typically include a contestability period covering the first 24 months after the policy is issued or reinstated. During this window, the insurer may investigate whether the policyholder was truthful on the application — specifically whether they disclosed all material health facts.

If the insured person dies from any cause within this 24-month window, the insurer can request and audit the deceased's complete medical history. They're looking for one thing: material misrepresentation. Did the applicant know about a serious health condition (or symptoms that were being investigated) and fail to disclose it when applying for the policy?

If material misrepresentation is established, the insurer may deny the death benefit or contest the policy; whether premiums are refunded depends on the policy and applicable law.

Why This Matters More for MAID Deaths

The contestability period exists for all deaths, not just assisted ones. But MAID deaths intersect with it in a specific way: the insured person, by definition, had a terminal diagnosis. If that diagnosis (or related symptoms) existed before the policy was purchased and wasn't disclosed, the insurer has grounds to contest.

Common scenarios where this becomes a problem:

• A person learns of a terminal diagnosis and quickly purchases or increases their life insurance coverage
• A person was experiencing symptoms (fatigue, unexplained weight loss, cognitive changes) at the time of application but hadn't yet been formally diagnosed
• A policy lapsed and was reinstated within 24 months of the MAID death — reinstatement resets the contestability clock

In each case, the assisted dying itself isn't the problem. The timing of the policy relative to the diagnosis is.

How to Protect the Claim: The Proactive Evidence Kit

If the policy is within the two-year contestability window, assemble this documentation before or immediately after the death:

1. The original insurance application. Request a copy from the insurer or the insurance agent. Review every health question the deceased answered. If the terminal illness was diagnosed after the application date, you have a clean timeline — the applicant didn't misrepresent.

2. Medical records timeline. Get the deceased's medical records from their primary care physician, specialists, and the MAID prescribing clinician. Establish the exact date the terminal diagnosis was made. If it was after the policy inception date, that's your strongest evidence.

3. Independent capacity assessments. Preserve any independent clinical assessments from the MAID process. Requirements differ by jurisdiction, and these records document the later clinical assessment; they do not by themselves establish what the applicant knew or disclosed when applying for insurance.

4. The death certificate. In the US and Canada, the underlying illness or medical condition is recorded as the cause of death under the frameworks described above. Confirm the certificate and applicable rules for the jurisdiction where the death occurred; the insurer will use the certificate as part of its claim evaluation.

Filing the Claim: Step by Step

1. Notify the insurer promptly. Ask the claims department for its proof-of-loss forms and the deadline that applies to this policy.

2. Submit the certified death certificate, the proof-of-loss form, and a certified copy of the policy. Certificate wording varies by jurisdiction.

3. If the policy is within the 24-month window: keep any MAID assessment records with the claim file and ask the insurer which documents it needs. A cover letter from the estate attorney can explain the applicable legal framework. Do not send additional medical records until you know what the insurer requires and have authority to provide them.

4. If the insurer requests medical records: ask which records it needs and use its authorized release process. A records request can be part of a contestability review and does not by itself mean a denial is coming.

5. If the claim is denied: you have the right to appeal. Common grounds for overturning a denial include demonstrating that the terminal diagnosis occurred after the policy application date, or that any undisclosed conditions were immaterial to the underwriting decision. An insurance litigation attorney specialising in bad-faith claims can evaluate whether the denial was legally valid.

Group Policies: A Different Story

Employer-provided group life insurance policies typically don't include suicide exclusion clauses or individual health underwriting. If the deceased was covered by a group policy through their employer, submit the death certificate and proof-of-loss form, then check the plan's terms and enrollment records for any additional requirements. When there was no individual underwriting, the contestability issue may differ from an individual policy.

Policies Older Than Two Years

If the policy has been active for more than 24 months, the standard contestability window may be closed. The policy must still be in force, and other valid exclusions or a material misrepresentation can affect a claim. The manner-of-death protections described above are jurisdiction-specific, so confirm which rules apply to the policy.

For a broader overview of how assisted dying interacts with life insurance, see does assisted dying affect life insurance.

The After a Death by Euthanasia / Assisted Dying guide includes a complete insurance claims tracker with the evidence kit checklist, deadline calendar, and jurisdiction-specific statutory references — so you don't miss a step during the claim process.