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life insurance problem help!!!

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SparksMist1308

Junior Member
I live in New York. My husband has a life insurance and we told the agent that we wanted to pay auto debit for December to march payment. We also told the agent that we are leaving US for a vacation. My husband died on may 2015. I went back to US and the agent told me that insurance expired because they couldn't process the payment for December to march because they needed my husband's signature. The problem is we told the agent about going on the vacation and yet she didn't tell us that my husband needed to sign for auto debit. Is there a way for me to get the insurance back?
 


adjusterjack

Senior Member
Is there a way for me to get the insurance back?
No, not from the insurance company. After the policy lapsed there was no longer any coverage.

I suggest you contact an attorney in NY who specializes in suing insurance agents for their errors and omissions.

One of the first things I learned when I started in the business was that an automatic debit required a signed authorization allowing the bank to make a payment.

It's something that every insurance agent knows or should know.

No guarantees, of course, but it's something to check out.
 

SparksMist1308

Junior Member
re: adjusterjack

So is there a possibility i can get the same amount of money that was covered in my husband's life insurance if I happen to win in suing the insurance agent?
 

adjusterjack

Senior Member
So is there a possibility i can get the same amount of money that was covered in my husband's life insurance if I happen to win in suing the insurance agent?
Yes, there is that possibility.

The amount claimed in the lawsuit would be the same amount as the death benefit would have been.

No guarantees, of course.

A lawyer would be able to examine the situation and determine how strong a case you might have.
 

ShyCat

Senior Member
You expected December through March payments to be made by auto debit. What about April and May? How did you make those payments and what happened to them?
 

adjusterjack

Senior Member
You expected December through March payments to be made by auto debit. What about April and May? How did you make those payments and what happened to them?
Probably just figured the auto debit was continuing, or didn't think about it all.
 

Zigner

Senior Member, Non-Attorney
The OP knew (or reasonably should have known) that the payments weren't being made.
 

adjusterjack

Senior Member
The OP knew (or reasonably should have known) that the payments weren't being made.
True.

But I have personal knowledge of insurance companies and agents getting nailed with judgments when there was absolutely no fault on the part of the insurance people.

In this case the agent's culpability might be a slender thread but it's there. OP's got nothing to lose by pursuing it.
 

ShyCat

Senior Member
I think their case is weak if there was no attempt to pay April and May premiums after expecting auto debits for the previous four months. Even if the auto debits had been properly processed for those four months, the policy would have been cancelled after missing April's premium, so in that case, no harm, no foul.
 

Dandy Don

Senior Member
Your best bet is to discuss this with an attorney who specializes in insurance matters, but if you have not found an attorney yet, please file a complaint wit the New York Department of Insurance so they can look into this for you.

http://www.ins.state.ny.us/

If there is no documentation in the insurance company files that they attempted to call you or write you about this matter, then they are at fault.
 

Just Blue

Senior Member
I think their case is weak if there was no attempt to pay April and May premiums after expecting auto debits for the previous four months. Even if the auto debits had been properly processed for those four months, the policy would have been cancelled after missing April's premium, so in that case, no harm, no foul.
I agree. Although I have absolutely no expertise in this area...From a common sense POV this is how I see it. ^:)
 
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