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Mentally incompetent policy owner cancelled policy then dies

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A

alabamafriend

Guest
What is the name of your state?What is the name of your state?Alabama
I'll try to be brief. A friend of mine separated from his wife due to her mentally declining health. They have 2 children together. He filed for divorce and immediately after, she apparantly cancelled her insurance policy. She had just been approved for mental disability through social security. She was on many, many medications and could not live alone, work, keep a checkbook, etc. The insurance premium had been paid by him for the month in which she died. The insurance company is denying his claim due to her cancellation. A partial refund for the month's premium was not refunded. What can he do? He has checked with an attorney and they feel he has a good case, but will also charge about 40 percent. Can they sue for attorney's fees as well?
 


JETX

Senior Member
alabamafriend said:
What is the name of your state?What is the name of your state?Alabama
I'll try to be brief. A friend of mine separated from his wife due to her mentally declining health. They have 2 children together. He filed for divorce and immediately after, she apparantly cancelled her insurance policy. She had just been approved for mental disability through social security. She was on many, many medications and could not live alone, work, keep a checkbook, etc. The insurance premium had been paid by him for the month in which she died. The insurance company is denying his claim due to her cancellation. A partial refund for the month's premium was not refunded. What can he do? He has checked with an attorney and they feel he has a good case, but will also charge about 40 percent. Can they sue for attorney's fees as well?
In my opinion, unless your friend can PROVE to a court that the insurance company knew, or should have known, of her mental incompetence, he has little, if any, chance of success.
 

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