Legal Question in Insurance Law in California

Re: Can a Life insurance policy be contested?

Yes, a life insurance policy can be contested. That means there are competing claims to the proceeds. If you have not already submitted a claim you should do so.

The insurance company might make its own decision as to whom is entitled to the proceeds. This is unlikely, however, as if they are wrong then they will have to pay twice. If they do pay the brother, you will have to sue the life insurance company.

The alternative method which is more likely, is for the carrier to file what is known as an Interpleader action. What this means is that they file a lawsuit against both you and the brother, deposit the policy proceeds with the court and are dismissed, leaving you and the brother to litigate the issue.

Either way you are likely to need legal representation.

Re: Can a Life insurance policy be contested?

Unfortunately, you will probably need to litigate this matter.

You should consult an attorney and describe all of the relevant facts. He or she can then advise you from there.

D. Alexander Floum is an experienced attorney and a law school professor.

The Schinner Law Group is a full-service law firm, providing assistance in business, corporate, tax, litigation, contracts, intellectual property and related areas of law.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. Pursuant to California Rules of Professional Conduct rule 1-400(d)(4), this communication is intended as a solicitation for legal services.

Re: Can a Life insurance policy be contested?

The first step is to make a claim for the policy proceeds, submitting the insurer's claim form (call them for one) and a certified copy of the death certificate. You should proceed since you are the named beneficiary, and force the brother to take whatever action he is going to. The insurer will let you know if he makes a claim contrary to yours. If he actually does, you should retain a lawyer, and also tell him about the services you rendered to the deceased. This may support not only your claim to the insurance proceeds (perhaps your services were the consideration for an oral contract to name you as irrevocable beneficiary). Your situation might fit into the "contract to make a will" cases where you are "paid" for services after the death since the deceased has no other menthod of paying during life.

You might also have a claim against the "estate" for the reasonable value of your "services" during the deceased's lifetime.

Re: Can a Life insurance policy be contested?

Anything can be contested. However, assuming the facts to be as stated the policy is yours. Request that the insurer pay the money to you pursuant to the terms of the policy. If you have any problems in obtaining the money, immediately, make an appointment to see an attorney in your area.

Re: Can a Life insurance policy be contested?

You need to file your claim and get proper representation! Contact me if you need help!!!