Insurance sent release requesting to revoke policy

Hi all. Husband applied for a 500k term life policy in March 2021. Everything seemed fine and payments were made but today (01/27) we received a certified letter from the company.

They’re reserving their right to deny coverage based on material misrepresentation. They’re stating because my husband said “no” to nicotine/cigs/vape etc in the last 12m he lied on his application almost 2 years after he was approved.

They also sent a release form for him to sign basically agreeing to the policy rescission in return for premiums paid.

My question is, what recourse do we have? We requested the report from Millman Intelliscript and are pending the results.

We do know that he (husband) was not and had not used nicotine/vape products for the 12 months in question.

To make matters worse, he was involved in an accident in 12/20. Both cars totaled. He was not at fault but was on duty. His knee hit the dashboard (their department doesn’t enforce seatbelt use irt their officers).

We filed a claim timely and figured we’d try this without an attorney since there weren’t major injuries. He had a PPO through Aetna and found an in-network Ortho who would check him out. The receptionist told him to not check “accident related” on the intake form as they’d have to do jump through hoops, their doctor wouldn’t be paid, and would cause a delay in husband being seen, but if he checked anything other than he would be fine. So he complied with the receptionists orders.

This same doctor refused to write anything into the summary about the accident and claimed husbands injuries to running. The insurance company then denied his injuries claiming they were unrelated.

I write this all to say that in his past medical history, instead of being honest, the ortho notated that my husband was a current user/smoker of cigarettes. He quit in 2017.

My nose is EXTREMELY sensitive and I know he didn’t “use”.

Any advice? We’re in TX, if that matters.