Legal Question in Consumer Law in Nebraska
Divorce/Homeowners Cancellation
Is it procedural for an insurance agent to contact the 2nd party after the 1st party has requested to change insurance companies for a homeowner's policy? The 1st party has been deemed financially responsible for the property. Is there a different set of rules for the agent to follow if the agent knows there is a divorce situation? If there are no marital problems, would the agent still request signatures from both policyholders in order to switch insurance companies?
1 Answer from Attorneys
Re: Divorce/Homeowners Cancellation
I appreciate your effort to try framing your question in legal talk, but unfortunately all you did was make the question confusing. That is why more and more lawyers are getting away from using complicated language. In particular, you didn't identify who 1st and 2nd parties are, their current relationship, and their relationship to the property. I would guess that you are divorced, that you were awarded possession of the home through the property settlement, and you have attempted to change your homeowner's policy. Your question regarding the insurance agent is simply related to their company policy and is not a legal question. If your ex-spouse is still named on the mortgage to the house, then they retain a legal responsibility to the lender which would include maintaining insurance on the house. Therefore, your ex-spouse would have to approve any changes made to the insurance carried on the house. If you want to prevent this involvement with your ex-spouse, you will need to refinance the house under your own name and credit. If you cannot qualify for a new mortgage on your own, then you would need to sell the house and buy something you can afford. Otherwise, you will be stuck with your ex-spouse's involvement until you do one of those two things or the current mortgage is paid in full.
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