Legal Question in Insurance Law in North Carolina

insurance agent had my signature falsified on polict

16 years ago an agent had my wife sign an ammendment that took one of my son's off my policy . a few months later he died . I learned a few months ago that this was illegal and contacted the company .They sent me forms to fill out and then denied the claim .They gave me 60 days to appeal thier decision .Unfortunately, I could not get legal help so they went to court in Kentucky , without informing me and had it denied again .Itook the policy out in north carolina ,where I live .their lawyer mirepresented all the facts. how can I appeal the judges opinion ?


Asked on 5/19/03, 12:49 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: insurance agent had my signature falsified on polict

I seem to recall a very similar question about two months ago. Regarding the "underlying dispute" (i.e. the change to the insurance policy), I have several questions about that. For example, how did the agent "have your wife" remove the child from the policy (i.e. was that at his request, or her request), and why was this done? Also, why was this illegal? In any event, assuming that it was illegal, and that you were a beneficiary, the primary problem I see with your potential claim against the insurance company would be the statute of limitations. Under North Carolina law, that would probably be three or four years. Under some creative theories, you could try to argue for a ten year statute of limitations, but even under this theory, it appears that your claim would be barred. As for the proceedings in Kentucky, it is not clear from your question exactly what that was, and whether you were a party to that action. If you were not a party to that action, or if you were not notified of the proceedings, then presumably that judgment would not be binding on you anyway. If the judgment were binding, then your appeal rights would be limited to whatever Kentucky provides, and conceivably you could already be beyond those deadlines. Your inquiry, however, raises several complicated issues of insurance law, statute of limitations, and appeals. You probably need to contact a lawyer and provide him or her with all of the information to get a good answer to your inquiry.

Read more
Answered on 5/19/03, 10:21 am


Related Questions & Answers

More Insurance Law questions and answers in North Carolina