You remember the case too? Can you remember any of the details
I Googled but didn't find it..
Foresters Death Claim?
- Thread starter jdeasy
- Start date
You remember the case too? Can you remember any of the details
I Googled but didn't find it..
- 3,165
Not saying you're wrong, but I was told Murder ISN'T an accident as defined by insurance carriers (unless it was like a drunk driving accident), someone intended to murder, so its no accident. So they were most likely just contesting it cause its was contestable (within 2yrs)....but on a case of an actual accident, I think they would pay!. At least thats the info I was given before!
Not saying it was an accident.. But it was not related to any question on the application. The murder itself did not create the contestable situation, it was the misrepresentation on the app. That was just the case that came to mind. There have been others that did involve accidents.
Here is a page that discusses this:
THE MISREPRESENTATION DEFENSE IN LIFE AND DISABILITY INSURANCE CASES:
Note the paragraph that states:
[FONT="]Most state statutes do not contain a requirement that the misrepresentation "contributed to the loss" for an insurer to avoid a policy. In addition, a majority of courts have concluded that insurers need not be required to prove a causal connection between the misrepresentation and the ultimate loss.[2] A fundamental principle found in many of these cases is that the actual cause of death or disability is immaterial. There is no contract if the insured conceals a medical or other condition, the knowledge of which would have caused the insurance company to act differently, regardless of whether the condition contributed to the loss suffered. The inquiry these courts use to determine whether the policy should be declared void at its inception focuses solely on the materiality of the misrepresentation.
The cause of death does not have to be related to the misrepresentation. The misrepresentation is sufficient to deny the claim and rescind the policy.
This does vary from state to state.
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- 3,165
b61mack said:
That's exactly what my state exam taught me as well!!
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Well, they've done it again. This makes four death claims that Foresters has not paid. On this one, my client had a stent put in and had the card with the date on it to prove when is was put in. We were a year from being able to get immediate DB so I came back fourteen months later and wrote him up. My client passed away 9 months ago and we just heard last week that Foresters will not pay the claim.
Makes me think that I should roll my whole book of Foresters siwl that is still within 2 yrs. How's that for an ethics 101 question?
Makes me think that I should roll my whole book of Foresters siwl that is still within 2 yrs. How's that for an ethics 101 question?
- 3,764
If you are worried about a company not paying a claim, and you seem to have have doubt, I think it's 100% justifiable...
- 8,707
Biggin said:
Four death claims not paid and you still write them. Is the stent the reason they are not paying this one?
- 17,073
The crazy thing about them is that EVEN the ones they DO pay the claim on, they get so rude and uncaring with the beneficiary and drag their feet so much that the family will bad-mouth them forever even AFTER they finally get paid.
You would think a company could keep people happy that paid in 9-premiums of $60 and got a check for $10,000. But NO! They are so disfunctional that they have to piss them off too.
You would think a company could keep people happy that paid in 9-premiums of $60 and got a check for $10,000. But NO! They are so disfunctional that they have to piss them off too.
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