Legal Definitions - infirmity

Infirmity refers to a state of physical weakness or frailty, often resulting from advanced age, a chronic illness, or a significant medical condition. In a legal context, particularly within insurance law, it describes a pre-existing health condition or physical impairment that is severe enough to significantly increase the risk for an insurer, potentially leading them to deny coverage or offer it at a much higher premium.

Here are some examples illustrating the concept of infirmity:

• An 88-year-old individual, Mr. Henderson, has experienced a gradual decline in his physical capabilities over the past few years. He now uses a walker for mobility, tires easily, and requires assistance with tasks like grocery shopping and household chores due to his advanced age. This general physical decline, making him less robust and more vulnerable, is an example of infirmity.

• Ms. Chen applies for a long-term care insurance policy. During the application process, she discloses that she has been diagnosed with a severe, progressive neurological disorder that is expected to significantly impair her mobility and cognitive functions within a few years, requiring extensive medical and personal care. This serious pre-existing medical condition represents an infirmity that an insurance company would likely consider a substantial risk, potentially affecting her eligibility for coverage or the premium rates offered.