what now

[haygn]

Detroit, MI

i wrote several months ago in regards to my father's life insurance policy. my father updated his policy before passing to me and my brother. unfortunately his ex-wife wrote a letter back in april stating she was entitled to the proceeds.

we hired a lawyer and the insurance company sent court documents to start impleader action. the problem is they have been trying for several months to serve her with the papers but the mail is returned & phone# is disconnected.

what happens now since they are unable to serve her with papers? it has been 9 months now is her claimed denied? does the insurance company still have the funds and if so can they just disburse the payment to us since we are the beneficiaries?

 

[ALawyer]

My sense is that your lawyer should demand the insurance company be more diligent in getting service on her and if needed use "subsituted service" to serve her. That may involve publication of a notice, assuming that efforts to find her are futile, but I really can't believe they have tried and failed. They just haven't tried hard enough. Any insurance company knows how to find most people using skip tracers if needed -- she's not Osama Bin Laden.....

 

[haygn]

Detroit, MI

The insurance company did hire an investigator. I found out on my own that she no longer resides in michigan. I believe she moved to Florida. So what happens now???

 

[ALawyer]

They should use some form of substituted service, or publication. Or you need a lawyer to help you.