A Legal Question

[MightyGem]

Many Insurance companies ask whether you have had an HIV test when applying for one of their policies, and then load or refuse cover if the answer is yes.

I am a blood donor and my blood is tested for HIV. How should I answer the question?

[Departures Beckham]

I'm not a lawyer, but my optinion is that you have not taken a HIV test, but your blood has.

Make sense? As soon as your blood was taken out your body it became property of the NHS, so your blood hasn't been tested as you no longer owned that pint of blood.

[slj]

Gem

I think the answer is no.

However, insurance is a strange area with quaint rules.

I would contact another life company and ask them the question put on this thread. See what they say and post that answer here.

[Circuit Basher]

I'm also a blood donor and regard the fact that it is tested not to be a selective test, but a pre-usage screening which is applied 100%.

It is thus not a test of me per se, so insurance companies do not need to know about it (however, they could really be reassured by the fact that I haven't had a letter saying 'Please come and talk to the NBTS'!).

[curmudgeon]

I've had a number of medicals prior to overseas postings by my employer which included an HIV test.

From my enquiries, so long as you declare the circumstances of the test, in your case you are a blood donor and the HIV test is a standard one for all blood donors which you would have to have to give blood, there should not be any loading on a policy.

I understand that what the companies want to do is to find out about the people who have HIV tests as part of their lifestyle choices (for want of a more euphemistic coverall expression) and who therefore are at greater risk of contracting AIDS and triggering a payout under the policy.

cur

[BlueEagle]

Curmudgeon - Spot on, like you, working overseas was required to have an HIV test, came up against the same question on an insurance application.

Was adivised it was OK in that respect, (work permit etc.), the insurers were concerned about people who felt the need to be tested voluntarily due their lifestyle.

[MightyGem]

Thanks guys. It's not a problem for me. Just curious.

[PFO]

Being someone in the know, I would advise when applying for any type of insurance to disclose any material fact that could affect the life/insurance companies assessment of the risk they are carrying in accepting you as a policyholder.

Better to disclose it now than not disclose and for it to become a major problem at the time of a claim.

I recently had a client disclose a HIV test - it was a for Green card to enter the USA - results negative. It had no bearing on his application but we put it down anyway.

FYI:- Normally for life cover etc. a single (unmarried) male has to complete a confidential supplementary questionnaire asking if he is homosexual, an intravenous drug user etc, or has had a partner who was a member of one of these groups - all to assess the risk.

PFO

ps. I personally would tell them you had a routine HIV test to become a blood donor - also tell them the result was negative, if it was. They will understand!!!

[BlueEagle]

Yup, sorry Mighty Gem, I was a bit vague with my post. You should always tell the truth to any question you are asked by an insurer - the single biggest cause for an insurer denying a claim is: "Non disclosure of essential information"!

Just don't accept any premium loading for having had a blood test for HIV under your circumstances.