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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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Harper Lee
1 week ago
I had a very positive experience working with David, Alex, and their team throughout my settlement process. Alex was professional, responsive, and helpful in guiding me through the preparation and administrative aspects of the case. Communication was smooth, and the process was handled efficiently from start to finish. David’s experience and professionalism were especially evident during the settlement stage. He took the time to explain matters clearly, answered my questions thoroughly, and worked hard to advocate for my interests throughout the process. I am grateful for their assistance and support, and I am very satisfied with the outcome. I would confidently recommend their firm to anyone seeking legal representation.
Ellis St Croix
2 weeks ago
⭐⭐⭐⭐⭐ — Himelfarb Proszanski (HimPro) I came to HimPro after being wrongfully cut off my Long Term Disability benefits by Sun Life Financial — one of the most stressful and overwhelming experiences of my life. From the moment I signed my retainer, I felt like I actually had people in my corner. David Himelfarb is the real deal. His experience and strategic clarity gave me confidence at every stage. He told me the truth — even when it was hard to hear — and that honesty is what helped me make good decisions, including accepting the mediation outcome. He never oversold anything and he never let me down. Mena Brar was absolutely exceptional. She handled my documentation with professionalism, patience, and precision. I had an enormous amount of paperwork and she kept everything organized and on track. She genuinely cared about the outcome and it showed in every interaction. Selene — incredible communication and follow-through. Always responsive, always on point. She made sure I was never left in the dark. This team went up against a major insurance company and a complicated situation that they made easy they delivered. If you're dealing with a disability claim denial in Ontario, don't wait — call HimPro. I'm grateful to all three of them. — Ellis St. Croix
Ellis St Croix
2 weeks ago
Dear David, I just wanted to take a moment to say thank you — sincerely, and from the deepest part of my heart. When I came to you, I was worn down. The longest year of fighting a system that seemed designed to make people quit had taken everything out of me. I had the truth on my side, but I didn't know if that would ever be enough. You made it enough! You took my case, you believed in it, and over the course of a year you saw it through to the end with a level of care and skill that I will never forget. It has been a long year — but the right kind of long. The kind where you know the work being done matters. The settlement we reached means I can finally breathe again. I can clear the slate, rebuild, and step into something new and re invent myself — a life I can actually look forward to. That door would not have opened without you, and I want you to know that I understood that every single step of the way. You are genuinely exceptional at what you do. But more than that, you handled everything with integrity, with patience, and with real human decency. In my experience, that combination is rare. I was lucky to have you in my corner!! Thank you so very much, David. From the bottom of my heart — truly. With deep gratitude and respect, Ellis St. Croix
Ramzi Alkhouri
4 months ago
This had been an amazing service, they know what they are doing. They got me what I deserve, they have the experience and I was very satisfied with the results. I highly recommend my family and friends to HIMPRO.
Bryan Pilon
5 months ago
HIMPRO recently represented me for an insurance claim. They are a great firm, and more importantly, genuinely good people. I highly recommend them. From the beginning, they handled my case professionally and compassionately. Mena was amazing, her attention to detail and understanding made the process so much better. David and Silene also worked on my file and they were both honest, and highly knowledgeable lawyers. I felt fully informed and I was able to trust their judgement completely. My case was resolved in a very reasonable time given my circumstances. In my opinion, you will not be able to find a better group of people to handle your legal issues.
She Silva
5 months ago
I’m very happy with David and his team. Very professional and knowledgeable. Reputable law firm.
Patricia Gooden
5 months ago
Excellent communication skills from the Receptionists to my Lawyer and the Clerks. I will always appreciate all the support and good work that they are doing i am very grateful to have them supporting me, especially Dan Holland a very patience and professional person. Thank you.
Yoav Gurevich
5 months ago
Lauren and Alisha provided prompt and honest feedback when reviewing the terms of my employment contract. They consistently prioritized my what's best for my situation throughout the entire process. Highly recommended.
Phillip Dimopoulos
5 months ago
I am so grateful to have had this incredible team on my side after my wrist was broken in in a car accident, They guided me through the complex legal process and assured I received the maximum settlement possible. I discovered first hand that our legal system demands victims have experts guide and advise them if they have any hope for a fair resolution. A huge thank you to Silene, Ingrid, Spencer and the rest of the awesome team for all their support. Phillip
Miranda Beasley
5 months ago
Alex Kluchuk from HIMPRO worked hard to get me the best result possible. The firm is communicative and thorough, and I'm grateful I had them on my side. I would definitely recommend them!

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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