Illegal Alien Status: Eligibility Requirements and Non-Coverage for Fraud Provisions Still Apply

A significant body of case law holds that illegal aliens are not precluded, by virtue of their illegal status, from recovering insurance benefits. While that may be the law, and we do not mean to suggest otherwise, one's illegal status may not confer upon an insured or claimant greater rights than those enjoyed by someone who is in the United States legally. A legal insured may not make material misrepresentations in an application for insurance. A legal insured may also be required to satisfy certain eligibility requirements as a prerequisite to coverage. It could not have been anyone's intention that illegal alien status would be used as a free pass, effectively negating eligibility requirements and the insurers' right to void policies where an applicant misrepresents or conceals a material fact.

23 minute read February 28, 2007 at 09:23 AM

By

Anthony J. Golowski II And Shaun A. Bean