Damned if you do, damned if you don’t? Misrepresentation and fraudulent non-disclosure consequences of Australians with endometriosis not disclosing cannabis use to life insurers

People with endometriosis in Australia predominantly use delta-9 tetrahydrocannabinol cannabis flower and oil products, and cannabidiol preparations, to manage their symptoms, reporting reductions in use of other drugs. It is known that lower rates of systematic disclosure of risk factors in life insurance settings, particularly of smoked tobacco, can have an impact on customer premiums, contract terms and claims outcomes, however less is known about cannabis (such as ‘smoker’ or other loadings, exclusions and coverage refusals). This article examines positive and negative risks around disclosure of cannabis use for endometriosis management, from insureds to insurers, when purchasing or increasing life, disability or trauma insurance, in a cohort of Australians. Better condition management and reduced alcohol, tobacco and other drug consumption suggested improved insurability outcome factors relevant to endometriosis and these insurances. Disclosure behaviour however, suggested significant legal risks for insurers and insureds, as misrepresentations and fraudulent non-disclosure of cannabis use occurred. The study outcomes revealed important insurance medicine medico-legal and human rights considerations for insureds and life insurers in the context of certain disclosure behaviours and the legal basis to discriminate relevant to the limited actuarial or statistical data that exists about medical cannabis as an anodyne for endometriosis disease.