Legal Question in Insurance Law in New Mexico

Life insurance beneficiary question

I was married to a man from 1993-1998. While we were married, he took out a life insurance policy through work naming me as beneficiary and my daughter from a previous relationship as contingent. He died on May 26 of this year. He never changed the beneficiary to anyone but me. I just found this out. The insurance company has informed me his girlfriend/fiance at the time of his death has filed a rival claim. She was never married to him, nor was she named as beneficiary. Am I still entitled to the claim?


Asked on 9/21/03, 6:31 pm

1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: Life insurance beneficiary question

What did the divorce papers say about this? Did they revoke the beneficiary designation? If not, were any premiums paid by him after the divorce? You may be entitled to the proceeds if no change was made by the divorce documents and if he reaffirmed the policy as is stood by payments made afterwards.

Check with the divorce lawyer you used and see if your state has any statute on this subject.

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Answered on 9/22/03, 12:01 pm


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