Legal Question in Consumer Law in New Jersey

Loans taken out agains my insurance policy

I discovered in April '05 that my husband had taken out two loans against my life insurance policy (i am the owner of the policy). The life insurance company provided me with copies of the letters written requesting the loans and copies of the endorsed checks, the signatures were not mine on the letters or on the checks(although the checks were deposited into our joint checking account, and it appears that once the checks cleared, the money was withdrawn). My matrimonial attorney wrote to them asking what their procedure is for taking loans out against a policy, but they are side-steppig that issue and are instead focusing on the signatures on the checks. They now want me to sign an affidavit and have it notarized, stating that the signature on the checks is not mine. While I have no problem doing that, I realize they are trying to shirk their responsibility in all this, my argument is that they should have never issued the loans in the first place and at the time the loan requests were made, a notarized signature was not needed. What recourse do I have?

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