Legal Question in Insurance Law in New Jersey

this has to do with beneficiary rights on a life insurance policy of my x husband who i've been with for the last 7 years, and he past away 7/2/09...he took the policy out in 1984, we were seperated in 1987 and divorced in 1989...20 years later he left me on policy & it was active and he was paying on it they (med-life) kept telling me i was the only beneficiary for the whole time and never once did he change it, they than forward 3 checks to our children, without further investigation, and i knew my husband wanted this for me...we never remarried, i still have the same name, and bc of a statue that he didnt change me from wife to x-wife, they mailed to our children...they rec alot from him and after 22 years of paying on this and it was active i think its quite clear he wanted me to have this..he supported me and finacially i am in need of the money he wanted me to have...i'm sure if this was brought bf a judge and the whole truth came out ...they would see i was the beneficiary he wanted..he always said he had this on the side for me in case somethg happened to him bf i would be able to get social security...this is a disgrace...any information would help..22 years as a beneficiary after marriage & paying i am sure no matter what statue is clear what he wanted....

Asked on 2/24/10, 4:22 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

If you have the information correct, then the insurance company is dead wrong.

Call me, then plan on coming in to see me and let me look at the documents. I will tell you what I see. I will need the insurance policy, and the documents that say who the beneficiary is.

You need a lawyer's advice on this.

The initial discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 3/01/10, 4:36 pm

I will need to see the policy of insurance. If you have stated the facts accurately, the insurance company is wrong and you need to go after what is yours. I have handled cases like this against insurance companies. It is very important for you to have as much documentation available as you can. Old receipts, cancelled checks, any letters form the insurance company etc. What county do you reside in? I can help you.

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Answered on 3/01/10, 5:56 pm
Barry Kozyra Kozyra & Hartz, LLC

We have several cases in the office right now where this issue has arisen. While much depends on the policy language (particularly the beneficiary designation), the settlement agreement (if any) and divorce judgment have to be examined, too.

We have a number of lawyers here who could assist you. Please call for an appointment if you are interested in discussing your matter further.

Disclaimer: Your question and any response given are not intended to create an attorney-client relationship. The response given is not intended to be relied upon by you or anyone else as it is based only on the limited information which you have provided. Other information is needed before advice can be given including facts which you have not supplied which may change the response to your question. You should consult with an attorney as soon as possible to assess your legal rights so as not to prejudice yourself.

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Answered on 3/02/10, 5:51 am

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