Cancel life insurance policy as insured

[outlookingin]

First time on this forum and glad I found freeadvice.com.

I'm dealing with an interesting situation with a friend who just moved into town and I want to help her so hope you guys can help a bit.

Facts:
Single mother is the insured on this life insurance policy $200k.
Both her and her son are seperated from the father who is the policy holder.
No marriage documents; no proof that they ever shared the same address, her son is 6 months old and the "husband" is not registered as the father.

They are seperated now and there is a lot of conflict. The husband has threatened to kill her and her son. There is already a court order to keep him away.

Is there anyway she can get this life insurance policy closed down? She's only 21 and scared, uncomfortable, etc. Knowing that you have a violent man after your life... isn't a good feeling when trying to raise a son.

Things already tried: called insurance company... can't even get a copy of the policy.

Is there a way to close this policy? I'm surprised he is the policy holder since my understanding is that life insurance policies can only be owned by someone related to an individual. How did this happen when he guy isn't a husband, relative, or business partner?

Any notes will be greatly appreaciated. What type of lawyers should this young lady consult with? Criminal, insurance, divorce?

 

[justalayman]

I'm surprised he is the policy holder since my understanding is that life insurance policies can only be owned by someone related to an individual.

You understood incorrectly. There must be an insurable interest. If they have a child in common, there is an insurable interest in the well being of the other parent. Obviously each parent is liable for the costs to raise the child. If one parent were to die, the other parent would have to bear all the costs.

as to how the policy was issued without the father being legally determined to be the father? you would have to speak with the insurer to determine that.

 

[outlookingin]

Insurable interest. Yea, only they don't legally have any insurable interest. I'm wondering what the insurance company documented on this matter.

I'm going to dig in that route and see what I get. I'm still shocked to know that the insured can't get a copy of the policy and only the policy holder can get it. This is making it so much harder since this young lady was only 19 when she signed this document. She didn't read it. She might have to live with this one.

I might set her up for consulation with an attorney just to see if there's a way round this. I'm thinking if a court can issue a restraining order on a man who threatens a mother and her child, why can't they close down the life insurance policy the man holds on this mother's life? Too many questions. Time to research.

Any other feedback will be greatly appreciated. How can an insured close a policy held by a man who threatens to kill her?

 

[justalayman]

you said they have a child together. There is most assuredly an insurable interest.

I presume the insurance company did not demand a DNA test.

I'm still shocked to know that the insured can't get a copy of the policy and only the policy holder can get it

and the problem with this is? The contract is between the insurer and the policy owner. Those are the only people entitled to the information.

This is making it so much harder since this young lady was only 19 when she signed this document.

Whoa, are you saying she signed an acknowledgement of the policy? If so, there is nothing she can do about it now. Once a policy is in place, unless the owner cancels it, it can remain in force, even if the insurable interest is no longer there.

the courts and the police have no right to go snooping around with this policy not do you or the girl. From everything you have said it is legal and it is a private matter.

 

[outlookingin]

Whether it's her business or not... her safety is her business. You're correct when you say it's not my business. Never said it was. Her family came to me personally and asked for me if it was worth spending money to fight this case and ask me if there is a case. Guess I should clarify to you that I didn't go to her house and beg her to give me work outside of work. I'm already working 80 hours a week sleeping 5 hours a night. Hence, I'm doing my part. Sorry if you think I'm nosey.

The threats are documented, he did them online so great job there... the restraining orders are in place. Warrant is out for his arrest. She's got some control on the situation already. The issue left is this life insurance policy.

I told her that what ever she signed when she was 19 probably cannot be reversed but that I would see if I can find any cases where the court ordered for a life insurance policy to be closed. For matter of safety towards the insured. We got the facts and the proof that her safety is a concern already. What's left to find is if something like this can be taken to the next level, can have a court order the closing of a life insurance policy.

I'm not new to the legal system and I know how binding documents are. But I'm not new to the courts either and spending half a year being apprenticed by a judge has taught me that there are always exceptions to legal documents especially when it comes to a person's safety.

I already broke the news to the young lady that she likely does not have a case so that part is done. Expectations have been set low already. But I'm "foruming" to see if there's anything else I'm missing.

Thanks for the feedback so far. Less criticism would be appreciated though. I'm already dealing with enough people thinking I'm crazy for helping someone with this.

 

[justalayman]

Whether it's her business or not... her safety is her business.

yes, her safety is her business but the insurance policy isn't

Less criticism would be appreciated though.

I fail to see the criticism you claim. I stated facts.

as to being nosey, did you notice I also stated that applied to the girl, the police, and the courts? The policy is a private matter.

This policy was written about 2 years ago and she acknowledged it then. She really has no argument against the policy now.

rather than being so concerned about this policy, which I haven't chased statute for and may not be payable if the guy causes her death, deal with her safety. Help her move to another part of the country, help her hide her identity, get her in self defense classes, help he to learn how to properly use a handgun and help her get a carry permit.

There are a lot of things you can do to help her but trying to do something with this life insurance policy isn't one of them.

 

[mousidd]

I totally agree with you, justalayman. Didn't see any criticism either. That insurance policy is bust. There's nothing the mother can do there. The good thing is that there is evidence that he has threatened her. Don't you think they could have the court release the policy documents and a case could be filed for fraud there?

 

[Zigner]

Don't you think they could have the court release the policy documents and a case could be filed for fraud there?

Why do you think there's anything even remotely RESEMBLING fraud going on here?