[WSBAPT] Life Insurance

[Heather deVrieze]

Because the death certificate does not reference physician aid in dying, and because of medical privacy laws, the insurer is unlikely to know that the cause of death was anything other than the underlying medical condition. RCW 70.245.040(2) makes it clear that the underlying terminal disease is to be listed as the cause of death.

See also the DOH instructions to health care providers linked below.
https://www.doh.wa.gov/portals/1/Documents/5400/DWDAMedCertifier.pdf

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Grant
Sent: Monday, October 30, 2017 9:24 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Life Insurance

BUT, this statute will not change the terms of a life insurance policy.  I'm not so sure that this answers whether a policy would deem assisted suicide, as it is known (yes, Death With Dignity is a title, but society has its own term), different than suicide in general.  If I knew I was ending my life tomorrow I could find a dozen LI policies without underwriting, pay the premium, and have a nice windfall.  I doubt that is the intent of the statute.  I would imagine that a carrier would be very willing to challenge such a scenario.

That leads to make sure you know the LI policy's terms.  If a standard 1 year clause is there then?  Great question... no answers.


Paul H. Grant - JD, LL.M

Planning with Purpose, Inc
Lynnwood, WA 98036
425-939-9948
www.planningwithpurposeinc.com<http://www.planningwithpurposeinc.com>

Estate Planning. Business Planning. Wealth Succession.

On Sun, Oct 29, 2017 at 9:14 PM, Sara M <sara.l.mcculloch at gmail.com<mailto:sara.l.mcculloch at gmail.com>> wrote:
The death with dignity act states-

RCW 70.245.170
Insurance or annuity policies.
The sale, procurement, or issuance of any life, health, or accident insurance or annuity policy or the rate charged for any policy shall not be conditioned upon or affected by the making or rescinding of a request, by a person, for medication that the patient may self-administer to end his or her life in a humane and dignified manner. A qualified patient's act of ingesting medication to end his or her life in a humane and dignified manner shall not have an effect upon a life, health, or accident insurance or annuity policy.

Sara McCulloch


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