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Can COVID-19 Health Effects Be Considered a Pre-Existing Condition by Your Insurance Company?

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Can COVID-19 Health Effects Be Considered a Pre-Existing Condition by Your Insurance Company?

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
COVID-19 Pre-Existing Condition Himpro

Is COVID-19 Considered a Pre-Existing Condition?

The answer to this question is based on a few different considerations. The specific wording of the definition of “pre-existing clause” in your insurer’s policy.  Typically an insurance company will not provide coverage, especially for long term disability, if the disability results directly or indirectly from a health condition or illness that existed on or before the date the insurance coverage began.

There are in some cases, exceptions to this rule, for instance, if you were covered by your insurer for at least 13 weeks during which you have been actively working and you have not gone to see a doctor or sought out treatment for any medical condition during that time or if you have become totally disabled after more than one year of coverage.

Unfortunately, the wording of the pre-existing clause can be applied to undiagnosed conditions, which is problematic in the time of COVID-19.

COVID-19 is a New Disease

We do not know enough about the illness and virus to understand how it impacts the population and what the long term effects of the disease could be.  In some cases, children are showing inflammatory syndromes sometimes, months after being diagnosed with COVID-19, or testing negative for COVID-19 but positive for antibodies.  Others have endured heart damage, permanent lung damage, and damage to their livers which was non-existent prior to their COVID-19 diagnosis.

The problem with COVID-19 is that sometimes a recovery from the disease does not necessarily mean your body has fully recovered.  There is a chance the virus has caused undetectable damage to your body which will not present immediately but rather result in impairment or disability later on in life.  If this condition is unrecognized until it presents with symptoms, it is possible your insurer will not consider the symptoms as arising from a pre-existing condition.  However, this is not guaranteed.

Diagnosis of COVID-19 as a Pre-Existing Condition

Insurance companies will likely do all they can to not pay out on your policy.  With the wide spectrum of symptoms and chronic conditions being connected to COVID-19, there is some reason for concern if a disabling health effect of the disease that presents post-infection could fall within a pre-existing condition category.  As such, you should be wary of coverage issues for conditions linked to the past diagnosis of COVID-19 in your medical records.

The timing of your policy also makes a difference.  A pre-existing exclusion usually only matters when a claim is made during the period that the pre-existing exclusion clause applies.  Usually, this time period is one to two years.  Again when it comes to COVID, you may get the disease, recover but not know about the underlying damage to your body nor feel disabling symptoms until a year or so after you have recovered from the illness.  It is possible to be caught in an exclusion clause time limitation with a COVID connected chronic condition.

Impact of the Virus in the Future

COVID-19 is a young disease.  The impact of the virus is still unknown and it has shown that it can interact with numerous physical and mental health conditions in unexpected ways and cause irreparable damage to people’s health or even make an underlying condition worsen.  For some COVID may take months to recover in hospital.  Some people may experience symptoms from an underlying documented condition which prior to a COVID diagnosis was asymptomatic but since being infected by COVID has become symptomatic or even disabling.  In these cases, it is possible an insurance company may try to rely on their pre-existing clauses to deny coverage.

Only time will tell how COVID-19 will impact insurance coverage and future disability claims have given so many unknowns about the disease and its effect on the human body.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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David, Mena and Silene were all professional and extremely helpful in getting my case resolved. Mena was quick to get back to me when I had any questions. I had a great experience with all of them.
My wife and I were involved in an accident in 2023, and we were fortunate to have HIMPRO Personal Injury and Long-Term Disability Lawyers represent us. From day one, their team showed outstanding professionalism, compassion, and dedication.

We especially want to thank David, Alex, and Mena for their incredible support throughout the process. They were always available to answer our questions, kept us informed at every stage, and genuinely cared about our well-being. Their guidance made a stressful time much easier for us to handle.

Thanks to their hard work and expertise, we achieved a great outcome, and they are still working diligently to obtain additional compensation from the insurance company and pursue the catastrophic designation for my wife.

We are deeply grateful for everything the HIMPRO team has done for us. If you ever need experienced, trustworthy, and compassionate lawyers who will truly fight for you, we highly recommend HIMPRO.
A Magician , Passionate and Tough Negotiator: David Himelfarb proves what he told me in the first meeting on my MVA case. I fully endorsed David to anyone looking for a sincere and results oriented personal injury lawyer.
After a serious MVA, where I was stopped making a left turn and was hit from behind by a fast moving vehicle. I was not able to carry on with my life as I had before the accident. David Himelfarb took on responsibility of my case personally. We developed a relationship based on trust and understanding. He acknowledged my pain, my frustration, my concern and my expectations. His years of expert lawyering were very evident almost immediately. He never disregarded my expectations but rather he empathized with me and told me where exactly they fit within the reality of the ontario justice system. His assistant Mena Brar was also a very welcomed addition to my case and my life for that matter. David and his team worked very hard for me. My case was not an easy one but in the end, I was pleased with the outcome. David’s knowledge, advice and direction were pretty much bang on. I am probably not the easiest person to please especially when I am wronged as I was. I highly recommend David’s firm and appreciate all he and his team did. I believe David to be a very honest and knowledgeable man. Trustworthy is a very good description of David from where I stand. Thank you for all you and your team did for me David.
David Himelfarb, Silene Malhao, Mena Brar did an amazing job with helping me. They're amazing to work with.
I had an outstanding experience with David Himelfarb, Silene Malhao, and Mena Brar on my personal injury case. From start to finish, they were professional, knowledgeable, and truly dedicated to achieving the best outcome for me. Mena was incredibly helpful in keeping me informed and ensuring everything ran smoothly. David and Silene communicated clearly, kept me updated throughout the process, and made sure I felt supported every step of the way. I am incredibly grateful for their hard work and highly recommend their services to anyone in need of expert legal representation.
I was very satisfied with the service I received. Daniel was very understanding of my situation and worked very hard for me as he was working with, from my understanding, a difficult insurance company. In the end, he did very well on my behalf.
I’ve been working with Himelfarb Proszanski since 2019, after the accident and I can’t recommend them enough. Dan Holland was the lawyer assigned to my case, and he was absolutely amazing. From day one, he was dedicated, always working in my best interest and never giving up on my case. He made sure to explain everything to me in detail, so I never felt lost or confused. Whenever I had questions, he was always accessible and quick to respond, which made me feel supported throughout the entire process. I never felt like I was alone — Dan was there every step of the way, holding my hand and making sure I understood each part of the journey. Thanks to his hard work and the incredible team at Himmelfarb Proszanski, I got the results I was hoping for. If you're looking for a law firm that truly cares about their clients and delivers results, look no further.
I would highly recommend David Himelfarb & his team to anyone needing a personal injury lawyer. He walked with me from shortly after my very serious car accident through the entire process. They looked after everything that needed to be done, answered my questions and kept me up to date on our progress. I felt I was well looked after. We have just completed mediation, and I am very satisfied with the results. I now understand the importance and value of having an excellent personal injury lawyer.
Mena is always welcoming, professional, and incredibly helpful.from my first call she consistently provided excellent service with a friendly attitude. Her efficiency in managing appointments and quick responses to any inquiries made the entire experience smooth and stress-free.highly recommend Mena for exceptional front desk support!

HIMPRO BY HIMELFARB PROSZANSKI

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of ¾ billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski we build winning cases. That’s the HIMPRO Advantage™.

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