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Michigan Judges Guide to the Servicemembers Civil Relief Act

Michigan Judges Guide to the Servicemembers Civil Relief Act

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Fur<strong>the</strong>rmore, <strong>the</strong>re can be no exclusions for health conditions that arose<br />

before or during military service, as long as <strong>the</strong> condition would not have<br />

been excluded had <strong>the</strong> servicemember remained covered, and if <strong>the</strong><br />

condition has not been determined by <strong>the</strong> Secretary of Veterans Affairs <strong>to</strong><br />

be a disability incurred or aggravated in <strong>the</strong> line of duty. 163<br />

7.2.2. Life Insurance<br />

The SCRA prevents life insurers from decreasing coverage or requiring<br />

additional premiums (except for age-based increases in term policies) for<br />

servicemembers during active duty. 164 However, <strong>the</strong> life insurance policy<br />

must have been in place not less than 180 days before military service. 165<br />

Also, a servicemember’s life insurance policy is protected from lapse,<br />

termination, and forfeiture for nonpayment of premiums during active<br />

duty, plus two years. 166 For this protection, <strong>the</strong> insured servicemember or<br />

his/her beneficiary must apply with <strong>the</strong> Veterans Administration. 167<br />

7.2.3. Professional Liability Insurance<br />

7.3. Anticipa<strong>to</strong>ry <strong>Relief</strong><br />

<strong>Servicemembers</strong> who engage in health care, legal services, or o<strong>the</strong>r<br />

professions declared by <strong>the</strong> Secretary of Defense may suspend <strong>the</strong>ir<br />

professional liability insurance policies upon written request <strong>to</strong> <strong>the</strong><br />

insurance carrier. 168<br />

Though rarely invoked, <strong>the</strong> SCRA’s anticipa<strong>to</strong>ry relief protections allow a<br />

servicemember <strong>to</strong> apply <strong>to</strong> a court for relief from any obligation incurred before<br />

military service or from taxes falling due before or during military service when<br />

he/she anticipates a breach or default will occur because of military service. 169<br />

Under this section, a servicemember can initiate a declara<strong>to</strong>ry action <strong>to</strong> prevent<br />

163 Id. at § 594(b)(3).<br />

164 Id. at § 541(1)(A).<br />

165 Id. at § 541(B).<br />

166 Id. at § 544(b)-(c).<br />

167 Id. at § 543.<br />

168 Id. at § 593(b)(2).<br />

169 Id. at § 591(a).

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