Because the Insurance Company doesn't want to be in the middle of it.
interpleader n. the procedure when two parties are involved in a lawsuit over the right to collect a debt from a third party, who admits the money is owed but does not know which person to pay. The debtor deposits the funds with the court ("interpleads"), asks the court to dismiss him/her/it from the lawsuit and lets the claimants fight over it in court.
It is a department or an action. You die, your beneficiary calls the insurance claims department and places a death claim with them. Your beneficiary receives a death claim check.
Unless the policy specifies that the beneficiary designation is irrevocable, the owner of the policy, who is most often the insured, has the right to change the beneficiary of a life insurance policy at any time prior to death. That said, a third party may also contest the right of a beneficiary to policy proceeds by making a claim to them forms required by the company. In that case, there may end up being a contest between the competing claimants, such that the insurer would want to commence an "interpleader action" in a court of competent jurisdiction. The insurer would thereby ask the court to determine which of the claimants it should pay, and by so doing, try to avoid getting in the middle of the dispute. The court would hash out the rights of the parties to the proceeds, and the insurer would pay the winner.
No, The insurer provides a means by which we can assign beneficiaries, If those beneficiaries turned out to be your parents then so be it. Without evidence to the contrary, Namely an assignment of proceeds AKA naming you as a beneficiary, the law has no option but to presume that was the intent of the insured. Their is no negligence here on the part of the Company and therefore no liability. The insurance company is only following the law as well as the documented intent of the insured.If you think there was an oversight on the part of your sibling in the assignment of beneficiaries, then you would need to bring your action against the beneficiary and/or the estate of the deceased. Basically you'd have to sue your parents and your brothers estate. The Insurance company would not be a party to your recourse action.
No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.No. If the beneficiary dies their estate must be probated in a separate action.
Sure it can, provided the court has sufficient proof to esablish doing so would be in everyone, particularly the children's best interest. This might be possible, but if so it's done very, very rarely. I have never heard of it. A court might pressure the policy owner to change the beneficiary, but I don't believe they can force them to, or arbitrarily change it.
Signing your name to a policy without your permission is insurance fraud. Start with the insurance company who should then pay the benefits to you and take action to recover the funds from the funeral home. From there you can contact the regulatory agency that governs funeral home as well as the DA in your county.
Your contract with the tradesman is between "You and the Contractor", He did not contract with your insurance company. All the insurance company did is agree to pay the bill for you. So you would need to bring your own civil or criminal action against your contractor depending on the circumstances.
If a victim of a simple car accident claims injuries, it is best to talk to your insurance as soon as possible. Your insurance company will then require that the victim's insurance company provides proof of injury. If it is found that the victim is injured, your insurance company will instruct you on the next course of action.
The trial of a criminal offense such as an Armed Robbery is a criminal action. If you sue someone's insurance company for damage's to your vehicle, that is an example of a civil action.
For the life insurance policy, I'd say change the beneficiary immediately! Now the things to do after the divorse... Get your life back on track and move on!
If its only with your insurance company, generally, nothing. If you are speaking of a court action you have filed, you will have to withdraw it from the court's docket.
A beneficiary can sue an executor. There could be any number of causes of action including fraud, misappropriation and breach of trust.
Many health insurance companies offer what is called "Pay and Chase". Meaning, your health insurance company will pay your hospital claims and chase the automotive insurance for the rest of the money. It is possible that you may have this type of plan. If that is not a possibility to you, you could entertain the possibility of legal action. It might be far less costly and stressful to contact your insurance company first.
then sue for delay of action!
In all likliehood - your insurance company would pay to repair your dwelling and then they would take action (called "subrogation") against your neighbors insurance company to collect from their insuror.
The insurance company can only take action as premitted by the state in which it operates in. So, if your state, allow such action, then it is legal. The reason why, in this case, it would be warranted. The insurance company had a legal contract with the deceased. Once you pass away, then the legal obligation ends. Also, the risk has changed as a vacant home is more prone to claims than an occupied one. Most company provide coverage on vacant home as an accomodation for their clients. However, it is hard press to find a company to take a vacant home as a new policy.
Suing a company for bad faith is a complicated question. Each state has different requirements for proceeding with a bad faith cause of action. I recommend that you contact an attorney in your local area who specializes in first party insurance issues. He/she will be able to explain to you whether you have a case against your insurance company.
If question refers to whether or not the insurance benefit is subject to seizure for child support arrearages. If that is the case, the answer would be yes. Any monies garnered from the insurance benefit that belongs to the obligated parent would be subject to garnishment for child support arrearages. If the named beneficiary of the insurance benefit is deceased and the grandparent(s) are still living, they can legally have the policy amended and another beneficiary named. In that case the monies would not be a part of the deceased grandson's estate and not subject to probate action nor distribution for his debts.
If such a scenario arises and you have objection to it, bring the matter to the notice of the official concerned of the branch office of the insurance company concerned in writing for their immediate needful action.
If you are referring to American Equity Investment Life Insurance Company (and not the mortgage company) and have an Index-5 then you may be entitled to funds from a class action settlement.
The company 'Datel' makes Action Replays.
If there was a police officer involved then you would probably be cited for not having auto insurance. If you are found to be at fault then legal action could be brought against you by either the other party or the other parties insurance company.
All life insurance companies have a "Policy owner change form". Your agent can provide it, or you can contact your company directly.
Even if the company is now bankrupt they probably had insurance when they were in business but you will have to find out the insurance company. Try to contact the attorney that is handling their BK and notify him that you have a claim. Your best action is to file a claim with your insurance carrier and let them go after the other party. How this will affect your rates depends on the policies of your carrier. Ask your insurance agent.
The estate is the beneficiary of a Wrongful Death action. The parents and/or siblings would inherit from the estate.