Life Insurance

Claims for life insurance are generally uncomplicated.  However, in certain cases, complications do arise and require legal assistance.   For example,

Ownership issues

Sometime there are competing claims for the insurance benefits.  We have handled claims where a policy was specifically designated to the family of  young businessmen who passed away in their early 40’s.   In one case, the benefits were claim by an employer and in the other case the benefits were claimed by a creditor.

Where there are competing claims for a policy, the insurer may choose to pay the funds into court.  If the funds are paid into court it is imperative and urgent to seek legal advice.  The funds are not lost.   An application must be commenced to have the funds paid out.  If you are a named beneficiary you should immediately apply for payment out of court.  If you receive an application for payment out by someone else and feel that you are entitled to all or some of the funds, you must respond promptly to the application.

Cause of Death

Sometimes insurer’s deny coverage based on the manner of the death.  You should find out the date the policy was taken out, obtain as much information as possible on the manner of the death, obtain a copy of the policy wording and seek legal advice.

Competing Beneficiaries

Sometimes beneficiary designations get changed and this can result in a shock after someone’s death.   In some cases the change in designation is done properly and is legally valid and in others, it is not.