by ktnbenjamin » Wed Jun 01, 2011 11:33 pm
My husband was incarcerated during the time I took a life insurance policy out on him but was still employed with his employer which after release he returned back to work. Now he is deceased and died during the contestable period. At the time of application the agent only ask what is he name,age, birthdate, does he smoke, and occupation. The insurance agent fail to ask me was he actively performing all duties of his occupation (a question on the application).Now the insurance company denied his claim due the question being check off as yes. I never answer yes to the the question because It wasn't never mentioned. The insurane agent said they needed my husband signature for his application but never received it, now his and my application (I applied for life insurance on my behalf first, then he informed me that since I was married he would be able to get a set amount of life insurance also) has my signature on it. They took out the premiums without requesting again my husband signature and since he's deceased now they don't want to pay.What should I do? Were they able to deny me of his policy? Is there anything that I can do?
Posted: Thu Jun 02, 2011 08:39 pm Post Subject:
If the application was submitted with your signature on it, you are stating that all of the answers in that application are true and complete to the best of your knowledge. If the agent answers any of those questions (or changes any answers) without your knowledge, the agent has committed a crime. Unfortunately, that can still leave you with no insurance.
You need to involve the state Dept of Insurance in investigating this incident. It could result in the need for you to sue agent and the insurance company for the actions of its agent that have harmed you.
If the agent acted negligently in some way, his Errors & Omissions insurance might pay what the insurance company did not.
Start with the state Dept of Insurance right away. Then, after their investigation, it may be necessary to hire legal representation. You may want to contact one of our forum expert members, Mark Colbert, "InsInvestigator" for assistance.
Posted: Thu Jun 02, 2011 08:43 pm Post Subject:
Are they able to deny my claim even when he was employed?
Posted: Thu Jun 02, 2011 08:52 pm Post Subject:
okay.... what is difference mispresentation and innonect misrepresentation because I am not understanding why the claim was denied....
Posted: Fri Jun 03, 2011 06:10 am Post Subject:
There is no difference between misrepresentation and "innocent" misrepresentation . . . misrepresentation is simply a false statement. The bigger issue is whether the misrepresentation is or is not "MATERIAL" to the risk.
When you talk about being "incarcerated" but still employed, this doesn't exactly make any sense. How can one work at their place of employment if in jail or prison?
I am not understanding why the claim was denied.
Again, you have not said what the specific reason for the denial was. If the company has denied the claim because they voided the policy on the basis of a material misrepresentation, then they should also have refunded all of the premium paid for the policy. They can't have it both ways.
You need to provide more information here. If you want to discuss this more confidentially, click on the link below to send me an email with more details.[/quote]
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