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If you are named beneficiary and a family member makes a claim why can insurance company file an interpleader action?

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2015-07-16 18:28:31
2015-07-16 18:28:31

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.

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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.

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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.

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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.

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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.

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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.


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