Benificiary Question

[scottspolicy]

What is the name of your state (only U.S. law)? Ohio

I have been the primary benificiary of a life insurance policy, for 16 years. The contingient benificiary passed away in 2000 leaving me as the sole benificiary. There was no replacement contingient benificiary named.

Long story short... the sister of the deceased "changed or caused the deceased to change" the benificiary 36 hours prior to his death from cancer from me to herself. The insurance company rightfully and legally denied the change of benificiary, for a number of obvious reasons. Any court would also deny the change. The representative said if we cannot come to an agreement he would send it to the court to interplead. As I see it, she has no legal basis and therefore is not entitled to any of the proceeds.

The insurance comapny representative is encouraging me to come to a settlement with the sister. However, I feel as sole benificiary the company should pay the death benefit to me. If the sister wants to take legal action she can sue me.

My question is can I legally request the insurance company to cut me the check as I am the sole benificiary. Being sole benificiary, as designated by the insurance company it seems to me that this should be a closed deal and the benefits paid without delay.

[anteater]

This doesn't make a whole lot of sense. The "insurance company... denied the change of benificiary (sic)" but are talking about doing an interpleader? On what basis?

What level of management at the insurance company have you been talking to? Go up the food chain. They may just be exercising extreme caution.

My question is can I legally request the insurance company to cut me the check as I am the sole benificiary.

Well, sure, you can request anything.

I have been the primary benificiary of a life insurance policy, for 16 years. The contingient benificiary passed away in 2000 leaving me as the sole benificiary. There was no replacement contingient benificiary named.

If you are the primary beneficiary, what does the passing of a contingent beneficiary have to do with anything?

[Dandy Don]

The problem here is that you don't know if the sister used undue influence to persuade the decedent to make the beneficiary change or whether the deceased actually intended to make the change. Won't do you any good to ask the insurance company to do anything. Don't "settle" anything unless your attorney advises you to do so.

Since this is going to an interpleader action in court, you need to hire an attorney who specializes in bad faith insurance cases (or a civil law or business law attorney who has experience with interpleader cases) to represent your interests in this matter and to defend you. Perhaps you will get a clearer picture of the situation when you and your attorney get to see the beneficiary designation form to examine it to determine whether the signature looks genuine, etc.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[scottspolicy]

Anteater,
Thanks for your input, it is greatly appreciated. I’m not sure of the basis of taking the claim to an interpleader, as the company has informed me twice I am considered the primary and sole beneficiary. I was told in the state of Ohio since the sister filed a death claim it automatically opens the claim up to being contested. As far as who I’ve been talking to, I believe it is just a lower level employee whose job is to gather information and send out the claim forms. Although, I am not sure on that point, he also suggested he would do negotiations
As I am not of the legal profession, I did not know if the contingent beneficiary played any part in the claim, although I suspected not. The insurance has since again confirmed to me I am the primary and sole beneficiary. I have since sought the advice of legal counsel in Ohio to handle this process for me.

Again Thanks for you advice,
Scott

Dandy Don,

Thanks also for your input. The sister found out about the policy only 2 days before the change due to a premium notice, we were still speaking at the time and she told me she had to “help” the decedent with the signing. I “spoke” to the decedent every day the last week of his life, he was unable to hold the phone and could only communicate by grunting. The decedent was also on a morphine pump and was being medicated every 10 minutes. The insurance company denied the beneficiary change due to not being able to verify or authenticate the signature, the proximity to the time of death, as well as his medication and his condition at the time. Your input is greatly appreciated

Thank you,
Scott