Man questions law after wife's death payout denied

Just one year later, Jenny was dead of an aggressive form of breast cancer, and when John tried to start his life anew as a single father, the company rejected his claim for it to pay his wife's policy.

The company said that even though doctors said Jenny was healthy, she must have been sick before they agreed to insure her.

"I took solace in the fact that I had this life insurance policy that was designed to protect me financially. Without that, it put a lot of stress on me," John Crowley said. "Financially, I was thinking about how am I going to care for my daughter, how am I going to be a mom and a dad? It's a very rough and kind of scary situation."

Now Crowley is pushing for a change in Massachusetts law that would force an insurer to prove a person misrepresented his well-being or should have known he was not in good health based on "active symptoms of a serious change in health" in order to deny a claim. Under current standards, the responsibility rests with the insured person to prove he didn't know he was ill.

The company, which has since settled with Crowley, acknowledges that it changed its own policy several months ago and is now supporting Crowley in his fight for the legislation, dubbed "Jenny's Law."

"Under precedent at the time, it did require that a person be in good health when the policy was issued, even if they didn't know about it," said general counsel Terence O'Malley. "We reviewed all that and agreed that a different standard should apply."

In most states, "good health" is clearly defined in insurance laws, but in Massachusetts the courts have relied on precedent set in cases dating back to 1920 that put the burden on policyholders to demonstrate that they were in good health when the policies were issued.

Under the proposed law, which is expected to come up for a vote this spring, there is a presumption that the policyholder was in good health - otherwise, the insurer would not have issued a policy.