Legal Question in Insurance Law in California

Yrs ago my husb & I took out an ins. pol. for intesive care coverage that would pay us cash. We div. 5 yrs ago but still live together. I am owner of the policy & we kept paying the premium. It does not say in the policy that you have to remove someone from policy if divorced only that you can change the spouse if you remarry & that only 1 can be listed as spouse. Since we kept paying for the coverage & never lived apart do they still have to pay since he has now gone into the icu for an illness? I never removed him from the policy.


Asked on 1/03/11, 11:02 am

1 Answer from Attorneys
Thomas Libby Law Offices of Thomas L. Libby

As you probably will guess, insurance questions are never easy and turn on the fine print, but based on what information you provided, it looks likely that the insurance company will have to pay this claim. Whether you lived together or apart is not likely to matter here unless there is some strange language in the policy which is not common. That you have kept up the premium payments and not changed the named insured identifications will be helpful for you in this case. I invite your contact if you would like to have the policy reviewed in detail for a better and more intensive response.

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Answered on 3/08/11, 11:49 pm


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