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Old 02-09-2016, 09:49 PM
Kenny Cole Kenny Cole is offline
Kenny Cole
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Join Date: May 2009
Location: Norman, OK
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Quote:
Originally Posted by Fred View Post
Adam,

Do you mean insurance companies would try to screw the beneficiary out of a "death" benefit? I suppose there could be a few reasons for the insurance company to try to fight it but in most cases, people just die and the policy was written and paid for to cover just that.
Uh, yes. I realize that this question was directed to Adam, but I have two of those cases right now. I'm going to trial in one of them in a couple of months. The one I'm going to trial on was an accidental death policy (never get one, they do their utmost to cover nothing) where an 83 year old woman choked on food at a nursing home, aspirated it, and died within a 12 hours of aspiration pneumonitis -- an acute lung infection you can get when you suck food into your lungs. According to them, it wasn't accidental although they really can't explain why that isn't an accident. I mean, she obviously didn't intend to suck food down the wrong pipe and kill herself.

In the second one, the carrier paid the wrong beneficiary after receiving notice that he was the wrong beneficiary. Best as I can tell, the defense is that since they paid the policy benefits, albeit to a person they know wasn't the person designated to get them, they're off the hook. So the answer is yes, they will sometimes do that.