Legal Question in Insurance Law in Indiana

My husband got very sick and ended up passing away in July. He had a life insurance policy for many years that was paid quarterly. My husband took care of paying his life insurance policy.

When he passed away the policy was denied because I was told it lapsed in April. We never received any notification. The company claimed they sent out a notice. To muddy it up is that due to my husbands illness he went to Florida for the winter months. I don't know where to turn, because it is a $50,000 policy that he had paid on for at least 20 years. Do I have any recourse?

Elizabeth Barone


Asked on 2/17/10, 5:49 pm

1 Answer from Attorneys
Larry Jackson Jackson Law Firm, LLC

I am sorry to hear of the loss of your husband and the insurance problems that have followed. It is likely that whether you have any recourse depends upon what Notice provisions are in your husband's insurance policy and what the evidence is of the insurer's complying with those notice requirements. If the insurer complied with the notice requirements in the policy by sending the notice of cancellation to a correct address, the cancellation will be effective even if you claim you did not received the notice. On the other hand, it the insuraqnce company did not send the notice to the proper address in a timely manner, then you may have a claim for the proceeds even though you failed to pay the premiums.

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Answered on 2/23/10, 6:22 am


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