Legal Question in Insurance Law in Illinois
life insurance law
A divorce decree orders a husband to
change the life ins bene from his wife
to his children. He does not make
this change before he dies. The life
insurance co. refuses to pay ex-wife,
claiming kids might later sue the
company. But the bene form was
never changed. Isn't the life ins.
company breaching its contract with
the deceased husband & ex-wife?
1 Answer from Attorneys
Re: life insurance law
This is a very complicated question. The insurance company has a contract with the insured and makes payment according to the beneficiary designation. So they are right, the money goes to whomever was named on the beneficiary designation.
However, the wife may have a claim against the estate of the husband for the entire amount of the policy.
There are also issues relating to who receives the money, but that would depend on who actually receives the money.
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