Legal Question in Insurance Law in Virginia

Child Custody and Life Insurance Claim

I had joint legal custody of my son with a family friend with the friend having physical custody of my son for 2 1/2 years. I filed for sole custody and was awarded sole custody on 12/19/07. The family friend applied for a life insurance policy on my son on 12/14/07 knowing full well that his mother, myself, and the GAL were in agreement for me to have sole custody. Also my son was not living with her but was living with me from July 07 until his death which can be proven because we do not live in the same city and he was enrolled in school from my home address and attended the high school in my city. Apparently there was a grace period therefore the policy was not effective until Jan. 08. My son tragically died in a car accident in July of this year and I only learned of this policy thru the MIB. I am not in agreement of this claim being paid and I feel that it was fraud for her to take this policy out on my son because her ''interest'' in insuring my son only arose 5 days prior to a custody change when she knew she would no longer have a legal claim to take out a policy. What should I do or can I do to stop her from collecting the monies from this policy? I have been appointed administrator of his state by the local court.


Asked on 9/15/08, 8:45 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child Custody and Life Insurance Claim

Send written notice of your complaint to the life insurance adjuster who is handling the claim under the policy taken out by your friend on your son's life.

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Answered on 9/16/08, 3:00 pm


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