Legal Question in Credit and Debt Law in Virginia

Credit Card Life Insurance

My spouse is terminally ill with cancer. She does not have life insurance. She has several credit cards in her name only with the optional ''Credit Card Insurance''. (balance paid upon death.) She would like to go on a spending spree (travel overseas) during the last weeks of illness without having me (the surviving spouse) left with the debt. Will the ''Credit Card Insurance'' cover this?


Asked on 7/24/06, 8:58 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Credit Card Life Insurance

Your wife would need to read the fine printed terms of her card agreement but there is likely an exclusion for this type of spending spree in anticipation of death.

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Answered on 7/25/06, 10:25 am
Jonathon Moseley Jonathon A. Moseley

Re: Credit Card Life Insurance

Yes, this is governed by the CONTRACT of the insurance policy, arranged through the credit card company. There may be some general legal prnicples that apply as well. But primarily this is a CONTRACT between her and the insurance company, governed by the written terms of the CONTRACT.

By buying insurance, you are PAYING FOR the rights spelled out in the insurance contract. Receiving what the insurance contract offers is your RIGHT, bought and paid for. The insurance company cannot take your money month after month and then not give you what you are entitled to under the contract. So it really matters exactly what the insurance policy actually says.

I think it would be important that you don't really know for 100% certain that she will die, nor when.

You may have a strong belief in yourself, but that is not "knowing" for certain, legally.

Some people linger for years.

So I don't know how one would know for certain (without her telling them) that she is intentionally running up the credit card bill in anticipation of dying.

How can one be sure of the date of their death?

So, your expectation that you know is not the same thing as truly knowing what will happen.

Also, you need to know whether you are named on the credit card account in any way.

And it would also be important whether or not you signed for any of the credit card slips, and also to what extent you personally received benefits from the credit card purchases. For example, if she bought two tickets to Europe, one for you, the crdit card company might be able to get a court to belve you should pay the fair market value for YOUR ticket to Europe (but not hers). Maybe.

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Answered on 7/27/06, 9:10 pm


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