Legal Question in Insurance Law in Florida

Mispayment of life insurance benefits.

My mother passed away roughly 8 months ago. She was a civil service employee and was part of the Federal Employee Group Life Insurance (FEGLI). FEGLI contacted me in Oct '03 and said that the life insurance would be split three ways. They based their decision on a form dated May'93. The money was paid out in Oct'03. Now another form dated Apr'02 has appeared. It states that all the money should go to my step-father. Now FEGLI is requesting that me and my sister repay the money that they gave us. Both of us spent all the money, not realizing that something like this could happen. The reason I think that we should not have to repay is that the money was given to us in good faith, they contacted us and we never asked for the money. I feel that the HR department at my mother�s office should be found libel. They should have forwarded the new form back in '02 to FEGLI. Then they never identified this new form prior to paying the money out. Then 8 months later they finally produced this new form. Who should be found libel in this case? And if we are responsible, shouldn't the government absorb some of the lose. We bought some things that have a high depreciation rate (i.e. cars and a mobile home).


Asked on 3/04/04, 10:12 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Mispayment of life insurance benefits.

Since it was their unilateral error and the funds no longer exist you should not be held responsible.

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Answered on 3/05/04, 12:52 am
Kelly Henderson

Re: Mispayment of life insurance benefits.

The government will ultimately have to pay the correct beneficiary the money that was owed to them. However, I would think they may have a cause of action against you for return of the monies you were not entitled to. I hesitate to guess what action the government will or will not take. I suggest you not simply ignore the government and it may be in your best interest to retain an attorney to help you through this matter.

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Answered on 3/05/04, 8:51 am


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