Legal Question in Insurance Law in California

life insurance policy

my mom recently passed away due to terminal cancer, she was at her previous employer for 10 years or so and had life insurance with them , b4 her untimely passing she mentioned to me that i was the sole beneficiary on the policy... they kept her on the payrole for a year incase she improved but she never did improve enough to return to work so they let her go ... but my mom kept telling me that the life insurance would be there for me ... i went to her company and asked if i can claim it and that i havent found the actual policy that i know i have somewhere... but they told me that after they let her go the life insurance was invalid ... so now im thinking how does this work maybe she was misinformed because she was certain i would have it , but what can i do to pursue this .. they left me in the cold ... i feel like there isnt a point of having life insurance if due to a terminal illness they will fire you and then make the policy invalid ... please help me with this i am really lost on how to go about this matter . thanks in advance - jose


Asked on 10/31/08, 3:57 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: life insurance policy

Sorry about your Mom.

Stop communicating verbally. Write letters. Use certified mail.

The best option is to have an attorney write to the company demanding the policy information. If they do not come up with the information, sue them! Do not take their word for it that the policy is "invalid."

Somewhere in the company files the information is there, and they would have to produce the documents in a lawsuit. And there are lots of situations where life insurance companies try to weasel out of policies during a terminal illness.

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Answered on 10/31/08, 2:13 pm
Steven Murray Steven W. Murray, APC

Re: life insurance policy

My sympathies for your loss.

As Mr. Stone suggests, only deal with both the employer and the insurer in writing. I would write - and fax - both the insurer and the company in separate letters, asking for a complete copy of the policy including any endorsements, the application, all beneficiary desiginations and changes thereto, and all communications with your late mother. When an employee leaves employment, the insurer or employer usually sends conversion rights concerning various kinds of insurance. So you need to write two letters.

Once you get those, see if you can have a friend who knows something about this area look and tell you what they mean. If you know a lawyer who might do this then do so.

Because this was part of her job, you might be able to get the U.S. Dept. of Labor to help you with what is an employee benefit.

It is hard enough to lose a parent and then to have to go through this is just that much worse.

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Answered on 10/31/08, 6:49 pm


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