Assisted dying and life insurance under NZ law
Section 35 of the End of Life Choice Act 2019 says a person who dies by assisted dying is, for any life insurance contract, treated as having died of their terminal illness as if assisted dying had not been provided, which on our reading means it is not assessed as suicide. The policy's other terms still apply to the underlying illness, including early-years limits, pre-existing condition exclusions and disclosure duties.
In short
- The Act, not the insurer, decides how an assisted death is treated for a life insurance contract. The legal effect is on how the death is characterised, not a promise that a claim will be paid.
- A suicide exclusion is therefore not the test. On our reading, what matters is the terminal illness: when it began, what was disclosed, and any early-years limit in the policy.
- Policy terms vary. Quick Life and Funeral Insurance both restrict the first two years, in different ways.
- This page is general information, not legal or financial advice. A lawyer or licensed adviser can read a specific policy.
What the Act says
The End of Life Choice Act 2019 deals with insurance in section 35. In summary, a person who dies by assisted dying is taken, for any life insurance contract, to have died of their terminal illness as if assisted dying had not been provided (End of Life Choice Act 2019). This summary is ours, not the Act's words. Read the current wording of section 35 on legislation.govt.nz, and ask a lawyer if the exact words matter to a claim.
Two things follow, on our reading:
- Assisted dying is not treated as suicide for the policy. The insurer should assess the death as a death from the terminal illness.
- Because the death is treated as death from the illness, every term that would apply to that illness still applies.
What still applies
Policy terms that look at the illness do not disappear.
- Early-years limits. Momentum's Quick Life excludes pre-existing conditions for the first 2 years. A pre-existing condition is an illness, condition or symptom in the 2 years before the policy started, including symptoms "even if undiagnosed", and the wording lists very high blood pressure, cholesterol over 7.0, a BMI over 40 or diabetes complications (Momentum Life: Quick Life Insurance Policy Wording). If death from a pre-existing condition happens in the first 24 months and no claim is payable, premiums are refunded. A new illness that arose after the policy started is covered from the start.
- Accident-only windows. Momentum's Funeral Insurance pays only for accidental death in the first 24 months. A death after assisted dying is not an accident, so in that window no benefit is paid and all premiums for that person are refunded. After 24 months it pays for death from any cause (Momentum Life: Funeral Insurance Policy Wording). There is no separate suicide clause in that wording.
- Disclosure. If a person knew of a diagnosis and did not disclose it when asked, an insurer can reduce or decline a claim. IFSO has published cases of this (IFSO). Quick Life asks no health questions at application, and Momentum's own site says it is not available to applicants diagnosed with a terminal illness or in palliative or hospice care (Momentum Life: Quick Life).
- Suicide exclusions. Fidelity and Chubb apply suicide exclusions of 13 months from the start, reinstatement or increase; Quick Life's is 24 months. We could not confirm AIA, Asteron or Partners Life periods. Under section 35 these should not be the test for assisted dying, but ask the insurer to confirm how it applies the section.
Terminal illness benefits
A terminal illness benefit can pay before death. Quick Life pays it for an illness expected to lead to death within 12 months, confirmed by an approved practitioner; paying it ends that person's cover. A person who received that benefit has no policy left for a later claim. Funeral Insurance has no terminal illness benefit. Other insurers set their own definitions and waiting periods; see terminal illness benefit in NZ.
The early-years and pre-existing condition terms apply to the terminal illness benefit too. Quick Life's wording says it will not pay a benefit for death or terminal illness in the first 2 years if it is related to a pre-existing condition.
Checks for a policy holder
Whoever holds the policy can find these in the wording or by asking the insurer in writing:
- How long is the early-years window, and what does it cover?
- Is there a suicide exclusion, how long does it run, and how does the insurer apply section 35?
- What did the application ask, and what was disclosed?
- Is there a terminal illness benefit, how is it defined, and does paying it end the policy?
- Is the policy owned by the person insured, a partner or a trust, and who is the named beneficiary?
If you are the family
If someone you love has died and there is a policy, the owner or beneficiary can notify the insurer and start a claim. Momentum's claims line is 0800 108 108, and its claim forms are on its claims page. Insurers typically ask for a death certificate; you can order one from govt.nz (govt.nz: Get a death certificate). Our guides on what to do when someone dies and probate cover the next steps. Under Quick Life's wording the nominated beneficiary is paid if one is listed, otherwise the policy owner or their estate; Funeral Insurance pays the owner, or after the owner's death the nominated beneficiaries, otherwise the owner's executor. Momentum's FAQ lists the order differently, so check the policy schedule (Momentum Life: FAQs).
If a claim is declined, you can ask the insurer for its reasons and, if needed, take the dispute to its approved scheme. Momentum is an IFSO member. IFSO is free for consumers and says the provider has up to 2 months to resolve a complaint before a deadlock letter (IFSO: FAQs).
Cover for people who are well
If you are considering cover yourself, the options differ by age and health. Quick Life takes ages 18 to 65 with no health questions and a restricted first 2 years, and Funeral Insurance takes 40 to 75; neither is available over 75. Underwritten cover asks health questions and an adviser can compare insurers. Our hub page on guaranteed acceptance sets out the trade-offs.
Momentum Life Limited's A.M. Best financial strength rating is B (Fair), explained on its financial strength page. Advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). QuoteHub is a Momentum Life partner and Smiths Insurance & KiwiSaver may receive a commission if you buy through our link; see how we are paid.
Frequently asked questions
Does life insurance pay after assisted dying in New Zealand?
It can. The Act says the death is treated as death from the terminal illness, not suicide. Whether a claim is paid depends on the policy's terms for that illness.
Is assisted dying treated as suicide by insurers?
Section 35 treats the death as one from the terminal illness, not as an assisted death, for any life insurance contract. The Act does not use the word suicide, so ask the insurer to confirm how it applies this.
Do pre-existing condition exclusions apply?
If the policy has one, yes, because the death is treated as death from the illness. Quick Life's applies for the first 2 years.
References
- End of Life Choice Act 2019, retrieved 20 October 2026
- Momentum Life: Quick Life Insurance Policy Wording (November 2025), retrieved 17 October 2026
- Momentum Life: Funeral Insurance Policy Wording (17 August 2023), retrieved 17 October 2026
- Momentum Life: Quick Life, retrieved 20 October 2026
- Momentum Life: FAQs, retrieved 20 October 2026
- Momentum Life: Claims, retrieved 20 October 2026
- Momentum Life: Financial strength, retrieved 20 October 2026
- IFSO: Non-disclosure case, retrieved 20 October 2026
- IFSO: Frequently asked questions, retrieved 20 October 2026
- govt.nz: Get a death certificate, retrieved 20 October 2026
- Fidelity Life: Life Protect Life Cover policy wording, retrieved 20 October 2026
- Chubb: Life and Living Insurance Life Cover wording, retrieved 20 October 2026
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