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Discrepancy on Insurance Policy

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M

MainyP

Guest
What is the name of your state?What is the name of your state? Louisiana

My mother recently passed away and I've been handling everything for my dad. My dad has a Whole Life Insurance policy listing himself as the primary insured with my mother & myself as insured riders. As I was getting the paperwork together and filling out the forms for the death claim packet that was sent to me by the insurance company, I noticed that there are errors on my mother's death certificate in regards to cause(s) of death and the approximate length of time she had each condition. In addition, I noticed that some of the questions answered on the actual application included inside of the life insurance policy were not true/correct. The application was filled out by the Insurance Agent sitting at our kitchen table with my mother, back in 1989. I was in the kitchen at the time fixing my lunch so that I could leave for work. I know that he only asked my mom about 3 or 4 questions, but as I am looking at the paperwork now, there are about 30 questions that he must have just checked off the answers on his own without asking my mom for the actual answers. The problem is that both of my parents trustingly signed it without reading everything, since the Insurance Agent was someone they felt they could trust. The untrue/incorrect answers that are checked off on the application inside of the insurance policy are not in connection with my mom's death, but with my father's information, and he is still alive.

Here are my 2 questions:

1) Should I worry about having the medical discrepancies on my mother's death certificate corrected before we send in the completed death claim packet, or should we just send it in "as is", and when they investigate, they will find that the doctor's time periods for each condition were not accurate?
The only concern I have about sending it in "as is", is that it will cause a significant delay in payment or possibly denial of payment, since I feel that if the accurate time period information for her conditions were provided initially, then an investigation would not even be conducted by the insurance company, since all information would consistently check out with their records.

2) I am aware that my parents are ultimately at fault for signing something without reading it first, but is there anything that can be done about this now? The inaccuracies are involving a condition that he had when the policy was taken out and the fact that he was then, and still does, receive a disability pension as a result of this condition. Why the Insurance Agent took it upon himself to just check off "NO" and not ask my mom these extremely important questions, is beyond me! All of the questions pretaining to myself as an insured rider on this policy, were also all checked off as "NO", and I wasn't asked anything at all even though I was actually there. In addition, it states that all adults listed as insured on this policy must sign the application, but I was not asked to sign the application either, even though I was 19 years old at the time. My signature has never been obtained on this policy to this day. Even though my parents should have read what they were signing, it is a certain fact, being the person that I am (and was back then also), I would have read every single word before signing anything, and as a result, I would have definitely caught the discrepancies on the answers to the questions concerning my dad. With this in mind, is there anything that we can do now to resolve these issues, and if not, then where do we go from here, since we are still paying monthly premiums on this policy?
 


ALawyer

Senior Member
First, don't worry about the "cause" error on the death certificates for insurance purposes. It does not matter.

Second, if the death occurred more than 2 years from issuance of the policy, it is "incontestable" -- meaning that the life insurance company must pay it anyway. However if the age was listed incorrectly - say it listed the DOB as 1-1-30 and the real date was 1-1-25, then the amount of death benefit can be scaled down.
 

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