Life Insurance

[DYLAN3]

WhatCa is the name of your state? CAlifornia

My father soon to be ex-wife purchased a life insurance policy on him 5 years ago. He signed but did not know that he had no control over the policy. She is the policy holder, the beneficary and he has no control. They are getting a divorce. She wants a divorce and he has cancer. Is there any remedy for breaking this policy

 

[knotcops]

The owner of the policy is the only one that can make any changes.

 

[DYLAN3]

Could this issue be taken before a judge and misrepresentation of the facts by his ex-wife be proved and modification of the policy be made. It is evident that her motives were deceitful and that she is waiting for my father to pass away so that she can collect on this policy.

 

[I AM ALWAYS LIABLE]

Could this issue be taken before a judge and misrepresentation of the facts by his ex-wife be proved and modification of the policy be made. It is evident that her motives were deceitful and that she is waiting for my father to pass away so that she can collect on this policy.

My response:

You said that the insurance policy was purchased 5 years ago. And then you mention "misrepresentation" which, I presume, you mean "fraud". What "fraud" has your father recently uncovered that was not in existence 5 years ago?

IAAL

 

[knotcops]

I don't think she could have predicted that your father was going to have cancer and she would be collecting on the policy only five years later.

As IAAL has asked, what misrepresentaion was there? Your father could have called the insurance company before signing anything and gotton the details of the policy being applied for.

If he had cancer when the policy was written, and answered no to the medical questions, the insurance company had two years to discover any fraudulant statements made on the application and would have cancelled the policy themeselves.

 

[DYLAN3]

Let me explain what I mean by fraudalent! My father did agree to the policy five years ago. However, he was unaware of the terms of the policy such as not having any control. At the time he obviously did not have the cancer. So let me restate my question,"Is misrepresentation of facts between the two of them grounds for termination of the policy."

 

[I AM ALWAYS LIABLE]

My response:

No. The provisions for "control" or "cancellation" were right there in the policy contract. Since your father failed to read the policy prior to signing, then there's nothing that can be done now.

It was all right there.

IAAL