Legal Question in Insurance Law in California

life insurance taken out by husband without consent

My father took out numerous life insurance policies on my mother. His reasons for doing this are suspicious [most likely due to religious 'reasons'], though not dangerous, I believe.

They are still legally married, but not living together anymore. Does my mother have a right to say who can take out policies on her life? Does being still married effect this?


Asked on 11/19/02, 3:26 am

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: life insurance taken out by husband without consent

Your father is required to have an "insurable interest" in the subject of the insurance, and I believe being married is sufficient. It would depend on the laws of the state where they live. But more importantly, your mother does have a de facto right to object since she will have to undergo insurance underwriting to be the insured life. That means medical exams, applications, etc.

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Answered on 11/19/02, 4:27 pm


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