Legal Question in Insurance Law in Florida

my Mother in law was married for many years. During that time they took out life insurance policies. When they divorced; they remained close and he never wanted the policy changed. She was listed as the beneficiary. The insurance company says theat they will not honor the policy because they were no longer married. Does she have any grounds to contest? If so how would she go about doing that?

Asked on 6/17/13, 12:19 pm

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to take the policy to an attorney and allow them to review it. Just because they divorced the policy should not be voided UNLESS it provides for the spouse to the be the beneficiary. Don't deal with the insurance company by phone. All communication should be in writing.

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Answered on 6/17/13, 12:28 pm
J. P. Gonzalez-Sirgo J.P. Gonzalez-Sirgo, P.A.

A recently passed statute (F.S.A. 732.703) is probably the basis for the insurance company denying your claim. I am currently handling other claims with this issue. If you would like a free consultation, please call me at (866) 71-CLAIM.

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Answered on 6/17/13, 2:18 pm
Michael Tobin Michael M. Tobin, P.A.

The laws of each state are different. Also, different rules are controlling if the policy is a group by ERISA laws. We need to review the policy and the company denial letter.

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Answered on 6/19/13, 9:44 am


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