Legal right of benificary for premiums paid

[sandylg]

What is the name of your state (only U.S. law)? Ohio
What is the legal rights to benifcary to premiums paid on life insurance that insurance compay refuses to payout on What is the name of your state (only U.S. law)? ohio

 

[justalayman]

who owned the policy and why would they pay back the payments?

 

[sandylg]

I am the beneficary to policy

Life insurance policy for 15,000.00. pod to me. Insurance co denied paying after death stating 2yr clause..Says some false medical info on app. Deceased paid 11,000.00 on policy when he took it out. Now I am being told by his family members to bad..they get the 11,000.00 that the deceased had wanted me to have. Do I have any legal say to this monies since I was the beneficary on the policy...

 

[justalayman]

if the insurance company is refunding the payments due to the time issue, the refund of the payments would go to whomever paid for the policy. It sounds like the decedent is the owner of the policy. As such, the payments would be returned to the estate.

How that would play into the administration of the estate is up to the specific facts of the situation.

but, as you were told, no, you do not have any claim on the refund payment, unless of course,, you were the owner of the policy.

 

[Betty]

Agree. You would only have gotten any money if the policy proceeds
would have been paid out since you were the bene. In this case, they
were not pd. out. It seems deceased was owner & premium payor - not you.

 

[momm2500]

you can sue whomever you like, but if the insurance company is refunding premiums paid, then they go to the owner of the policy. if the owner is deceased then that money will go to that persons estate. by what your are stating, there was false documentation listed on the medical status of this person. with that being said, it appears that this life insurance policy should never have been in effect****************************...so that makes this policy null and void. most life insurance policies do have certain clauses in them. for example, if you commit suicide.....some will not pay out the policy. some have a medical clause or limit within the first 2 years. also it is very odd that in a 2yr time span, someone would pay $11,000 in premium for just a $15,000 policy. that doesnt sound right at all!

 

[justalayman]

alledgedly false information giving..Will not tell me anything else. Stating HIPPA laws. Will they still pay the premiums to the estate without waiting to see if I would win a law suit. If so what happens if I win the suit. The money will have already been paid at that point..

most likely they will pay the premiums to the estate without waiting for a suit from you. If there was a reasonable question as to the validity of your suit, they would likely wait but it would appear they are confident in their position. As such, they will likely make a pay out to the estate and deal with your suit later, if it comes.

alledgedly false information giving..Will not tell me anything else. Stating HIPPA laws.

they don't have to give you anything else even without a claim of a HIPAA restriction. You did not have a contract with them so the only way you are entitled to any information is through a courts order.

If you win the suit, they will pay you. The will may attempt to recover the payout to the estate. That is their choice.

 

[Betty]

alledgedly false information giving..Will not tell me anything else. Stating HIPPA laws. Will they still pay the premiums to the estate without waiting to see if I would win a law suit. If so what happens if I win the suit. The money will have already been paid at that point..

Also it's HIPAA not HIPPA. Agree with justalayman. I think the ins. co. is right here & they seem confident in their action. Suing is your choice though.

 

[Betty]

Okay with that being said...the difference of the premiums paid that they are going to refund and the policy itself is less than 2,500.00. I do plan on suing for the money..Would it not be in thier best intrest money wise to just pay the claim and move on..I would think It would cost them more then the 2500.00 to fight it out in court...What is your take on this...thanks so much

I might mention that no matter how much money is involved the ins. co.
is going to pay/has to pay the money to the estate and/or the people entitled to it. They're not going to pay it to you if it is due another party.

The party/parties entitled to it may end up suing the ins. co. if they pay the money out to the wrong person.

 

[Betty]

The thing is you didn't pay the premiums - see no reason for them to
pay anything to you. You certainly can talk to an attorney & try suing.
Ins. companies are very careful to pay any money out to the correct
party. You talk about paying claim - I thought claim was denied - policy void.
(unless you're contesting the denial also)

Re the large amt. paid for the policy ($11,000) - there is no way anyone here can know for sure why he did that if that is correct. It's possible it was
a single premium pay policy or something of that sort.

You really do need to talk to an attorney if you want to pursue. We don't
have full complete info that the ins. co. has. We could only give you what
should happen on the facts you gave. There is no more we can tell you.

Based on what you posted, you would not be entitled to any money. (There's nothing to go to a bene.)

 

[Betty]

You can possibly do it yourself using the edit button. If not, you will have
to send a request to Mary - use contact us below.