Legal Question in Insurance Law in California

life insurance dispute

My ex wife died six months after we divorced. I was still the beneficiary according to her employers. I was unaware of this insurance untill I was approched by my step daughter asking me to release my interest by deception. The employer sent me claim forms saying I was the primary benificiary. This was contested by my step daughter...so the employer sent it to met life to decide...since then I have been to court where the funds are in an interpleader. The employer did not submit the entire file to the insurance company, they only sent my divorce papers and not include the beficiary form (the reason they contacted me in the first place ) they now claim there is no such form which we know is false as they had given me a copy. do I have a suit against the employer and/or the insurance company for mishandeling of information, and causes me to have to incure costs to sort this out. The step daughter had been working with the employerfor 5 months and was trying to perpetuate a fraud. The employer did not report the death to the insurance co for 6 months.

sugestions anyone


Asked on 5/13/04, 2:41 am

2 Answers from Attorneys
Steven Murray Steven W. Murray, APC

Re: life insurance dispute

Go back to your lawyer in the divorce. If you did not have one, get your divorce papers (marital settlement agreement, divorce decreee, etc.) and go to a lawyer who either knows divorce law or probate law or insurance law. And the employer may have some responsibility here, too, besides the stepdaughter and the insurer.

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Answered on 5/14/04, 8:45 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: life insurance dispute

Depending upon the amount of the insurance policy, it would be wise to engage the services of an attorney. Make copies of that beneficiary form and put them in a safe place.

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Answered on 5/13/04, 7:29 pm


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