Insurance Companies will often attempt to deny disability insurance claims on the grounds that individuals with HIV and/or AIDS failed to disclose their condition on the application for the policy.  Such cases will often hinge on the language in the insurance application, whereby the person affirms that he or she is in good health and believes in good faith that he or she suffers no impairment by any disease. 

For instance, in Berkshire Life Insurance Company v. Owens, No. 94 Civ. 7556, 1996 WL 11198 (S.D.N.Y. 1996), the Court refused to find in favor of the insurance company because of questions of fact that needed to be presented to a jury.  The Court found that the insured was entitled to a jury trial on the question of whether someone with AIDS who failed to reveal an HIV infection in an application should have their claim denied.  The Court further noted that the mere fact that an individual suffers from HIV does not necessarily lead to the conclusion that the claimant felt ill.