Can a Consumer Be Rejected Due to Language Barrier?

[winter2009]

Hello Everyone,

I recently applied for my mom to get a quote from Select Quote online, and received a call from their agent. I told the agent that I applying for my mom; however, she does not speak English. After asking which language that my mom spoke, I was quickly told by the agent that his company would not be able to even write the app., for they don't have anyone to translate. I was shocked and asked if he could send his company's clause to me in writing, which stated that they could not help me due to my mom's language barrier. That's when he informed me that his super would call me tomorrow. I live in the state of FL., and I am 100% sure that he's wrong. I would like to know from the experts here if there is anything I can do from here on. I would really appreciate your inputs. Sorry being too long.

 

[VolAgent]

I don't know that there is a section to reference, but you are getting into a gray area.

An insurance policy is a contract. The company is concerned that your mother could argue that since the application was in a language she does not understand, she wasn't able to legally agree to it. Thus, she could use that to get out of the policy if she changes her mind down the road.

Also, they have no way of knowing if the health questions were accurately asked of her. Yes, I know you are going to translate, but how do they know you did it right? Her signing the application is meaningless, she doesn't know what she is signing. You could ask your mother what she wants for dinner, when you're translating the question, "Have you ever had cancer?" They'd never know, and they couldn't contest it, because again your mother was never properly asked the health questions.

 

[winter2009]

So, if I understand you clearly, the use of an independent interpreter by life insurance companies has no meaning, in other word not valid. In that case, I must assume that life insurance is being sold to English speakers only in this country. Wouldn't that be a correct assumption? I don't know; I am just asking.

 

[VolAgent]

So, if I understand you clearly, the use of an independent interpreter by life insurance companies has no meaning, in other word not valid. In that case, I must assume that life insurance is being sold to English speakers only in this country. Wouldn't that be a correct assumption? I don't know; I am just asking.

No, some companies do use an independent or in house interpreter. Not all companies do.

It appears the company that the guy at Select Quote wanted to use does not. Do you recall which insurance company he quoted you?

 

[LGilmore]

No, you sorta understand it but not the why. In my state it is illegal to contract with someone who cannot speak the same language as myself. Why? The same reasons VOL mentioned.

A independent third party could possibly act as an aide to the process, but even that is questionable as who pays for it? And if someone pays for it, could it be challenged in the courts?

For this situation, you need to go in person and work with a local agent. Over the phone probably won't work. But you also need to understand is the policy big enough to warrant the extra cost? I mean a 10k policy or a 100k term isn't worth the extra cost to make this work for most companies.

What language does your mother speak?

 

[winter2009]

No, some companies do use an independent or in house interpreter. Not all companies do.

It appears the company that the guy at Select Quote wanted to use does not. Do you recall which insurance company he quoted you?

He sent to me about six companies if I remember correctly. Could it be possible that all of them have the same policy when it comes to language barrier? I'll give you my two cents; I doubt. I may be wrong.
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No, you sorta understand it but not the why. In my state it is illegal to contract with someone who cannot speak the same language as myself. Why? The same reasons VOL mentioned.

A independent third party could possibly act as an aide to the process, but even that is questionable as who pays for it? And if someone pays for it, could it be challenged in the courts?

For this situation, you need to go in person and work with a local agent. Over the phone probably won't work. But you also need to understand is the policy big enough to warrant the extra cost? I mean a 10k policy or a 100k term isn't worth the extra cost to make this work for most companies.

What language does your mother speak?

My mother speaks Haitian Creole, and the amt for the policy was 100k. Never smoke, no family history of any diseases, her parents died in their 80's and she's 63.

 

[LGilmore]

"My mother speaks Haitian Creole."

That might be part of the problem, they may not even have a translator available for that.

Are you trying to place a 100k in term?

The cost of what would be a specalized translator would set back the profitability of a term policy for several years. So even if they could, they might not just because of the lenght of time to recover the addtional cost for a translator.

The other thing is she a US citizen? If not, that might eliminate several companies.

Not trying to give you a hard time. Just trying to let you know the possibilities behind the problem you're having.

You probably should try locally to see if there's an agent who speaks the language. Good Luck with this one.

 

[WinoBlues]

He sent to me about six companies if I remember correctly. Could it be possible that all of them have the same policy when it comes to language barrier? I'll give you my two cents; I doubt. I may be wrong.
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My mother speaks Haitian Creole, and the amt for the policy was 100k. Never smoke, no family history of any diseases, her parents died in their 80's and she's 63.

First, Companies set their own rules, In my opinion, rightfully. You went to an insurance in a box 800/website. If you call them back in a month you will most likely get a different clerk/"agent" Get a real agent.

Now, While Haitian Creole is not the norm in California. I have to think that it is not that far out of the norm in Florida. As important as Insurance is i would recommend that you find an agent that will do the work needed to place the coverage. If one of the agents on this board can not help you, find a local agent.

If all that fails email me and let me see what I can do.

Good luck,

Lee

 

[Pangaea]

First, Companies set their own rules, In my opinion, rightfully. You went to an insurance in a box 800/website. If you call them back in a month you will most likely get a different clerk/"agent" Get a real agent.

Now, While Haitian Creole is not the norm in California. I have to think that it is not that far out of the norm in Florida. As important as Insurance is i would recommend that you find an agent that will do the work needed to place the coverage. If one of the agents on this board can not help you, find a local agent.

If all that fails email me and let me see what I can do.

Good luck,

Lee

It's been at least seven years since my last Florida Civil Law class (a community college class at that) [read: not an attorney], but unless the contract is in an understandable language the insurance carrier will run the risk of the "Non Est Factum" (which is just a way of saying that the policy holder might back out of the contract saying they didn't understand it). Sort of flies in the face of the offer and acceptance nature of insurance contracts, when defining a competent party. As for someone speaking Creole in Florida... I'm in Fort Lauderdale and I just happen to be fluent in French and I can't say that I've ever met a Haitian that didn't speak English. I've met plenty Hispanic people that didn't, but never a Haitian. It's not out of the norm to speak to someone whose Haitian in either French or Creole, but I've never seen financial business done in the language.

Just keep in mind that most insurers are private entities that may do as they please.

Good luck

 

[dgoldenz]

If you can't get a traditional company to underwrite it, try Petersen/Lloyd's of London. It will be expensive and not level guaranteed rates, but is an option at least.