Legal Question in Insurance Law in Georgia

Life insurance claim on ex-wife

I maintained a life insurance policy on my wife after we divorced. After she died I sent in the claim and received a letter stating the laws in some states maintain that the interests of a prior spouse terminate upon divorce unless otherwise specified in the divorce decree or unless the designation is made again after the divorce. There was no mention of the Life insurance policy in the divorce decree. I had to send them a copy of my divorce decree. Does Georgia have any law similar to what I stated above?


Asked on 12/29/08, 4:29 pm

3 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Life insurance claim on ex-wife

No.

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Answered on 12/29/08, 9:01 pm
Ronald Arthur Lowry Ronald Arthur Lowry

Re: Life insurance claim on ex-wife

You present a very unusual and interesting legal question. I actually did some initial legal research on this. There is no reported GA case that I could find where this issue has been discussed. Logic would seem to indicate that some sort of prohibition could exist against maintaining a life insurance policy on a previous spouse because of the financial incentive to cause harm to the ex-spouse. I am aware of one murder case where that exact thing happened in Macon. But I know of no statute or case law that would prevent keeping a life policy in force for the life of a former spouse. Generally a person has to have an "insurable interest" in the life of the person before a policy of life insurance can be issued in the first place. Does that insurable interest terminate with divorce in GA? I have not seen anything yet that says that it does. If you want to contact me further (at no charge) about this feel free to do so.

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Answered on 1/03/09, 1:12 pm
Ronald Arthur Lowry Ronald Arthur Lowry

Re: Life insurance claim on ex-wife

This is in follow-up to my previous answer. I looked up some cases in other states and the law in at least one, Oregon, supports your position.

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Answered on 1/03/09, 1:23 pm


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