Legal Question in Insurance Law in Georgia
Life insurance policy 1 year old contestability by ins co
I am trying to help a niece who was left in bad financial shape by abusive, threatening x-spouse who died. She got house but also his debts and liens. Her minor son is the only heir, however there will be a delay of unknown more months (5 already) in a legal rep appointment for the estate. She has insurance policy less than 2 years old that has not paid after 5 months. Some record mentioned his treatment at a mental-alcohol hospital. zje was there a week 4-5 years ago. The ins co wants that medical record. The treatment facility won't release information based on my or son's signature; they will accept only the legal rep of est signature!! She needs the money NOW! Does the insurance company have the right to continue to delay payment for this medical record. The application for insurance asked medical questions for the prior 3 years--that was just over a year ago. Is there any way to obtain this medical record NOW! The hospital will not even tell the insurance company or me IF he was a patient or the DATES of treatment. Any advice you can give would be GREATLY appreciated.
1 Answer from Attorneys
Re: Life insurance policy 1 year old contestability by ins co
It is very unfortunate that this has happened. Whenever I hear a story like this I get upset. You must simply work your way through the problem or else the bad guys come out on top. The easiest way to proceed as I see it is to apply to be administrator of the estate (the widow should do this).It is merely a matter of filling out some papers and paying some fees to the probate court.The clerks will probably even help you if you are nice to them.The administator has the authority to sign on behalf of the deceased. A letter asking for the record to be released with a copy of the Order appointing the widow administrator should do it.There is a statutory ad which must run in the local paper and a waiting period.Alternatively,you could file a petition in superior court,serve the hospital and see if the judge will order the hospital to release the records.
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