Legal Question in Insurance Law in North Carolina

death of dad

my dad had been married to my mom for 40years, they seperated my dad changed his beneficiary to his life insurance policy during this time to his three children as equal beneficiaries. This was confirmed by the insurance company and they provided him with a certificate of current coverage in March. He died in April, my siblings and myself had to sign off on all the paperwork for the funeral homes and were advised by the insurance co. on April 23rd the amt we all would receive after the funeral homes were paid. When we called back, they say its in there legal department, apparently my mother is disputing the fact that he changed his beneficiaries. The funeral homes have not been paid and are charging interest. We are left to wait until the insurance company let us know anything, which can be 4-6 wks from the day she disputed the claim. What recourse do we have if any?


Asked on 5/15/07, 4:36 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: death of dad

You should probably wait the 4-6 weeks while the insurance company investigates the matter. You may also want to consult an attorney that handles insurance disputes to represent you and advocate your position with the insurer. You may ultimately have to litigate the issue of whether the beneficiary was properly changed, depending on the proof of your mother. Whether you can recover any interest depends primarily on the language of the insurance policy regarding when the proceeds are payable. In some circumstances, you may also have a claim for negligent misrepresentation, if the insurer provided erroneous information about the identity of the beneficiary; this is another reason for you to consult an attorney with more facts.

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Answered on 5/15/07, 7:44 pm


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