California  |  Insurance Law

Legal Question

Asked on: 1/27/12, 12:27 pm

My father passed away 2.5 years ago. At the time, he was homeless and had gotten a little behind on his life insurance payments. His life insurance was through Knights of Columbus. He only missed a few payments. If I could pay the amount he missed, could I still collect the life insurance? I was the beneficiary.


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3 Answers


Answered on: 1/27/12, 12:58 pm by Edward Hoffman

I'm afraid not. If the insurer properly canceled the policy, it can't be reinstated retroactively after your father's death.

The company could choose to pay, but the law won't compel it to do so. There is no reason to think the company will pay when it doesn't have to, especially if it has already denied the claim.

I wish I had a more encouraging answer for you.


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Law Offices of Edward A. Hoffman 11755 Wilshire Boulevard, Suite 1250 Los Angeles, CA 90025

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Answered on: 1/27/12, 1:48 pm by Michael Stone

Sometimes people miss a few payments immediately before their passing due to their final illness; and I am personally aware of beneficiaries of life insurance policies who have successfully obtained settlements in situations like these. An attorney would need to do legal research into such cases arising both in California, and in whatever state's law applies to the policy. You have waited a very long time -- possibly too long -- to do anything about your situation. If I were you I would immediately obtain his medical records for the appropriate time period, a copy of the policy, and his payment records, to the extent you have any of these documents, and bring them to an attorney. Do not assume the insurer will be cooperative with you.


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Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE 3020 Old Ranch Parkway, Suite 300 Seal Beach, CA 90740

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Answered on: 1/31/12, 12:56 pm by Steven Murray

Get as much of the paperwork and take it to a lawyer who is familiar with insurance. It is possible your father had some form of insurance with a cash value, and if so, it is possible the insurer had funds to keep the policy current. Don't wait, get the material as Mr. Stone suggests and see what you can learn. His membership in Knights of Colombus might be important also, so take copies of that material also. Good luck.


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Steven W. Murray, APC 14930 Ventura Blvd., Ste. 205 Sherman Oaks, CA 91403

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