by donadenese » Sun Jul 15, 2012 08:09 pm
I have every reason to believe that The Metropolitan Life Insurance Co. has paid a death benefit to the wrong person. I am the Trustee and the only living Beneficiary to my Aunt's estate. I have in my possession her certified death certificate, her original Will and Trust documents and, not only do I have the original life insurance policy but also the premium booklets provided by Metropolitan Life in which she notated each payment she made. It is impossible that the person they claim to have paid this benefit to could have had the necessary documents to make a legitimate claim. After writing several letters of inquiry, they are citing "good faith under the Facility of Payment clause". The person in question does not exist in our family tree nor does anyone by that name appear in my Aunt's Will or Trust documents. Hiring a lawyer would cost at least as much as the amount of the claim.
There must be something I can do to compel The Metropolitan Life Insurance Co. to correct their mistake.
There must be something I can do to compel The Metropolitan Life Insurance Co. to correct their mistake.
Posted: Sun Jul 15, 2012 10:42 pm Post Subject:
Do you have the original policy? As beneficiary, unless you are an owner/applicant (which I'm doubting is the case) you are not a party to the contract and Met cannot and will not discuss the policy with you.
The Will and Trust Documents do not matter, unless you believe the Trust is a beneficiary (forget the Will, it means pretty much nothing here).
Besides hiring an attorney and filing a lawsuit, your only other real option is to file a complaint with the state department of insurance. Basically what you'd be asking them to do is prove that you are not a beneficiary, and (potentially) when the current beneficiary was named beneficiary.
Again, Met isn't going to release this to you. They will release it to the State Department of Insurance. Perhaps not exactly, but if the information exists that you are not the beneficiary, they can confirm that with the DOI.
Posted: Mon Jul 16, 2012 08:25 am Post Subject: Of Course the Trust is the beneficiary
Yes I have the original insurance policy and the little Metropolitan Life Insurance Premium booklets in which my Aunt notated each payment she made beginning in 1950. The person they say the claim was paid to does not exist. An internet search does show someone by that name born in 1850, but he has no connection to me or my family.
Posted: Tue Jul 17, 2012 06:36 am Post Subject:
Contact me. I have no trouble taking a case against Met Life. I can take a look at your documentation and let you know what path to take. We can assist you to obtain legal representation if necessary.
Did you file a death claim?
Posted: Tue Jul 17, 2012 08:13 am Post Subject:
How often does it happen that an Insurance Company pays death benefits to an imposter? And when it does happen, even though when signing a claim form you are swearing that you are the person you say you are and that you are indeed entitled to the payout , is there truly any consequence that person can face? Signed, Pollyanna
Posted: Tue Jul 17, 2012 01:14 pm Post Subject:
How often does it happen that an Insurance Company pays death benefits to an imposter?
Not very often, but it does happen. And it could have happened in your situation.
However, in many cases, the consequence is not to the insurance company, IF they had reason to believe the beneficiary was the proper party. When they believe the claim is legitimate, payment of the insurance proceeds ends their obligation under the contract, and they are generally immune from legal consequences.
This would not be true if there were competing claims presented prior to the payment of the proceeds, and the insurance company essentially "flipped a coin" to decide who to pay. In such cases, insurance companies often file an "interpleader" action instead. They pay the money to the probate court and let that court decide who gets the money. The insurance company does this when they cannot determine whose claim is legitimate (often one or both might be, and sometimes one or both might not be). Unless it was reasonably clear as to which claim was proper, the insurance company will not be found to be wrong in creating the interpleader.
To the person who unlawfully obtains insurance proceeds, the rightful beneficiary always has a legal claim against that person. But when you sue that person, if they don't have the money to pay, then that's what you get.
If you can show that the insurance company knew it was paying the wrong person, you have an action against the insurance company. As I said, contact me, and I can evaluate your situation and make some recommendations, including referral to legal counsel if needed.
Posted: Tue Jul 17, 2012 07:34 pm Post Subject:
The same thing happen to one of my friends.. They sent the check to is kids mom and not him. She cash it and spend it. She wasn't put on the policy. He is going through legal now.
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