Common law with insurance

[jennifer29]

What is the name of your state (only U.S. law)? Iowa
My mother was offered a life insurance through her work for her-self and my father over 3 years ago. On the papers it said the insurance was for her, her spouse and her dependants. She explained to the company that her and my father had never been legally married but had lived together for over 30 years and they told her that in Iowa, that was common law marriage and issued her a 10 thousand dollar life insuance policy for him. On April 15th 2009 my father passed away unexpectinatlly and when we went to the funeral home to make arrangements for my fathers burial her employment faxed her insurance papers to the funeral home stating that his life insurance was valid. About a month after my mother had sent the proper documents to the insurance company she still had heard nothing from them, so she gave them a call and they told her that his insurance was being reviewed because on his death certificate it stated that he was single. She once again explained to the agent every-thing they had spoke about three years prior to this and the agent told that she needed to send them my fathers divorce decree from 1975 when he was married to his first wife to make sure he was no longer married. so my mother paid 50 dollars and sent them the divorce decree. once again about a moth later she still had heard nothing from the insurance company and when she called them they told her that it was still in review but now they needed two documents statng that her and my father lived at the same address or two documents stating there two names on them so she sent them a lease from the prior year and a court document stating that her and my father were legal guardians of my little cousin. once again about a month later she hears nothing from the insurance company and last week she calls them again, of course they tell her that they are still reviwing the case and she will know by the end of the week, so finally she calls them back on August 14 almost 4 months since my father has pased away and they tell her that her claim has been denied and she needs to deal with it. Now they are the ones who issued the Life insurance took money out of her pay-roll check every 2 weeks for three years she did not lie to them in any-way The insurance was valid for 3 years why she paid and she was made to believe that if any thing happened to my father that she would have atleast enoug for his burial or else she would have gotten another policy on him to ease the two of thiere minds. Do you think that there is any- thing she can do, is she just going to have to deal with it**************

[justalayman]

well, a quick look around provided that for a common law marriage to be valid in Iowa, 3 things must be:

(1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.

I would suggest that the listing him as single blew the number 3 requirement. You are not common law married unless you claim to be and apparently he did not claim to be evidenced by the listing of "single" on the app.

fight for a refund of the of the money used to purchase the insurance.

[Betty]

Agree. Ins. companies if they deny a claim such as in this situation will normally return the amount of money paid in premiums. That was the case where I worked. Talk to the ins. co. or the agent about a refund of premiums paid.

[LSCAP]

The OP said, "His death certificate it stated that he was single"

Who made that determination? Surely not the deceased.

Seem to be a time to get an attorney.

[justalayman]

Originally Posted by LSCAP

The OP said, "His death certificate it stated that he was single"

Who made that determination? Surely not the deceased.

Seem to be a time to get an attorney.

good catch. In the solid block of text, I thought it was on the application.

So, the first thing you need to do is get the death cert corrected. That is IF you did fulfill the requirements of a common law marriage. This will also give you other legal rights as the spouse of a decedent that a couple simply living to together are not given.

[Betty]

This is per my life ins. manual. You will only be called upon to prove your common-law marriage if you are seeking some right or benefit (either private or public) that is available only to a person who is married. Examples of such matters are; death benefits to spouse on a life insurance policy; company provided medical benefits to spouse, etc.

If you can't prove your "marriage" to the satisfaction of a life ins. co., only a return of the premiums you paid will be refunded.

That's why they are asking you for all the information/documents they are. Also see if you can get the death cert. info changed. They need to verify that your situation qualified as a "marriage."