Legal Question in Insurance Law in Michigan

My mothers house burned down, My brother Ron is power of attorney and we share guardianship (she is in a nursing home with dementia). We filed a claim with allstate and came to find out our other brother William forged power of attorney papers and presented them to allstate who in turn handed over the insurance checks to him. (of course he cashed them) When we confronted allstate they said not their problem..he had papers!..This, after we told the insurance company he is not legal power of attorney!...question is...what recourse do we have?...is Allstate responsible and shouldn't they have checked with the courts to make sure these papers were legit?..or at least asked for the REAL power of attorney papers from my brother Ron before paying out?..


Asked on 3/20/10, 10:11 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

I don't see Allstate being responsible here. There is no court to check with because you or no one else is a conservatorship. The criminal act and your recourse lies solely with your brother. Call the police and start an investigation. You could also sue him civilly as well. www.kliszlaw.com. Tim Klisz

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Answered on 3/26/10, 5:15 am


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