No Smokers Policy For A Smoker

[darla253]

What is the name of your state? Texas.

We live in Texas but the insurance policy was purchased in New Jersey.

My husbands ex wife purchased a non smokers life insurance policy on him for $350,000 and he has been a smoker since he was 17. He's now 44. In the divorce decree it states that she is to make their son the beneficiary and it's been 11 years and she's not done that yet. However, could he get into trouble for signing this policy? A friend of hers was the salesman and he knew that he smoked. And, how do we get it canceled to make sure she doesn't get the money after he dies? We figure it'd be better to just get rid of the policy all together since the son lives with us anyway.

 

[I AM ALWAYS LIABLE]

My response:

When the medical examiner performs an Autopsy on his dead, lifeless body, slitting his chest open, exposing all those gooey inerds, and uses a saw and rib spreader to get to his lungs, and the M.E. uses both ungloved hands to lift out his drenched, tar soaked, and nicotine absorbed lungs, while watching the effluence as it drips a steady stream back into his dead carcass, then a report will be written. Once the report is sent to the insurance company, the insurance company will reject the claim for insurance proceeds.

She'll get nothing.

IAAL

 

[darla253]

Well aren't you a plesant person? Not. Please never reply to anymore of my post. I personally think you're sick.

 

[I AM ALWAYS LIABLE]

Well aren't you a plesant person? Not. Please never reply to anymore of my post. I personally think you're sick.

My response:

Yes, I am sick. Thank you for noticing.

IAAL

 

[vrzirn]

"plesant" (sic) never makes me laugh. Now"sick" has me rolling in the aisles.

 

[I AM ALWAYS LIABLE]

My response:

Can't you just imagine - -

A stormy, winter night. A castle dungeon filled with medical equipment, with a raven pecking at the window. A "sick" scientist breaks the din by exclaiming, "It's alive, It's alive. It's . . . ALIVE !"

But, then it immediately dies from lung cancer, and the insurance adjuster rips up the policy.

IAAL

 

[darla253]

Nah, the only thing I can imagine right now is someone slapping your sick face and then having you disbarred. Oh, that's if you're a REAL attorney and I really doubt that. After all, a REAL attorney wouldn't waste their time sending a person more messages after they've told them not to now would they? Hmm.... ponder that you idiot.

 

[ccarter]

Maybe you could contact an agent at the company? They might be able to offer a little more help.

 

[darla253]

One of his sisters did contact the company. The salesman has since left. She said the woman she spoke with just really wasn't interested. Imagine that, it's a lot of money to just give out but now I understand why the cost of life insurance keeps going up.

 

[I AM ALWAYS LIABLE]

My response:

Darla, my dearest, my "mistress of the night" - -

Life insurance, like all insurance, is a multibillion dollar per year business.

Of course the agent, or the insurance company, couldn't care less. They want the premium money for investments. When it comes time to pay out on the policy, you watch what they ask for, and the medical reports to confirm cause of death, and whether he was qualified under ALL of the policy terms and conditions.

Then, you watch how they fight to keep from paying out.

IAAL

 

[CIAA]

Darla,
We are not attorneys and don't give legal advise. However, based on decades of life ins. claims management experience it would be our opinion that, in all likelyhood, it is to late for the insurance company to cancel the coverage because of a wrong answer. After the policy has been in effect for more than 2 years the insurance company cannot cancel except for "fraudulent" misstatements and even this option may not be available to them depending on the policy wording.

Based on what you have said, it seems that proving "fraud" would difficult at this point. However, to be safe, send the insurance company a letter advising them. If they can legally rescind they will attempt to do so. If they do not act on the notice within a "reasonable time" (appx.60-90) days, they will have waived their rights to do so.

Now, in answer to the question from ahutchGA......it's not just the red hair, but those cute freckles that come with it!

 

[I AM ALWAYS LIABLE]

Now, in answer to the question from ahutchGA......it's not just the red hair, but those cute freckles that come with it!

My response:

"We" (at least, I am) are attorneys. I just like to have fun sometimes. Amen to the red hair and freckles, CIAA!

IAAL

 

[ahutchGA]

CIAA and IAAL

Well, I can get the red hair, but I can't grow freckles. I do have pale white skin and blue-grey eyes though.

And I also have the Mrs. McClintock temper!

So sayeth my husband.

 

[darla253]

Darla,

Based on what you have said, it seems that proving "fraud" would difficult at this point. However, to be safe, send the insurance company a letter advising them. If they can legally rescind they will attempt to do so. If they do not act on the notice within a "reasonable time" (appx.60-90) days, they will have waived their rights to do so.

I do think that IAAL may have had a good idea though. When he passes away I will ask for an autopsy and that way they might put in there that his lungs looked like someone that had smoked for many many years. If it wasn't for the fact that his woman takes us to court at least once every two months or so I'd not care if she got the money. But she's cost us well over that amount in legal fees which happily I can say we've won every time but it's not right to have a life insurnace on your ex in my book. Once you divorced you shouldn't be able to profit from the death of a spouse. Know what I mean?

 

[I AM ALWAYS LIABLE]

"I do think that IAAL may have had a good idea though."

============================

My response:

Duh! Really?

You mean after being so pissy with me, you're finally seeing through all the "tom-foolery" and kidding around by me, seeing the actual issue and answers, and getting out of that emotional wedgy you gave yourself? Damn, it takes a long time to get some emotional dames to finally see the light bulb come on. Your emotions clouded your mind so much, you couldn't see the forest for the trees. Next time, go with the flow, and the kidding around, and read between the lines.

Say it ain't so !

IAAL