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Contrary1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 01:44 AM
Original message
Has anyone here heard of a life insurance policy that doesn't pay out...
if the person died in a car wreck and was not wearing a seat belt?

My sister-in-law's sister and her husband were killed in a one car accident the day after Christmas. They hit a patch of black ice, went off the road, and wrapped around a tree. I saw the car. It is unlikely the husband could have survived even with a seatbelt. His wife, in the front passenger seat may have. Not sure what happened there, as they said she always buckled up.

I had never heard of a provision like this before.
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w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 01:47 AM
Response to Original message
1. As far as I can tell all insurance companies try to rip off their customers when they file claims.nt
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Cleita Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 01:50 AM
Response to Original message
2. Most life insurance policies are designed not to pay off.
It's the cash cow insurance companies have relied on to keep them solvent when their other gambles might not work out. I would get a lawyer who likes suing insurance companies on this one.
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Abq_Sarah Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 01:52 AM
Response to Reply #2
3. Absolutely get a lawyer!
I'd have a lawyer read the policy before I signed as well because everyone ought to know exactly what they're paying for.
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Wapsie B Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 01:57 AM
Response to Original message
4. Yes there are cop-out clauses used by some life insurers
to avoid paying claims. Some companies are notorious for using them while many others aren't. You need a good lawyer for this.
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flvegan Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 01:58 AM
Response to Original message
5. Get a lawyer.
Sorry if there's no respect for this, here. But, it's deserved.
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Idealism Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 01:58 AM
Response to Original message
6. It may depend on the severity of not wearing a seatbelt in that state
I totally agree with a few of the posters here that all insurance companies employ hundreds of lawyers to deny your claims, and this appears to be no exception, but they may have legal grounds if it is illegal to drive in your state without a seat belt on. What type of infraction is it there?
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Contrary1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 02:04 AM
Response to Reply #6
10. It is a Class D infraction - $25. fine. n/t
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Idealism Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 02:06 AM
Response to Reply #10
11. In Florida, Class D isn't even "unsafe conditions"
meaning it wouldn't be near enough to deny the claim on legal grounds. Get a lawyer for sure and I wish whomever needs it luck in their fight.
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NanceGreggs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 02:03 AM
Response to Original message
7. As a court reporter of 23 years ...
... I can tell you that insurance companies rarely pay-out on substantial claims until they're sued. They figure (and rightly so) that most people will become too frustrated getting the usual run-around to pursue even the most rightful claim.

Get a lawyer - one who specializes in going after insurance companies. They will be persistent, and eventually the insurance company will cave, or offer a settlement to avoid litigation.

There's a saying in the legal biz these days: "Show me someone who thinks lawyers are the lowest form of creature, and I'll show you someone who has never dealt with an insurance company."

These people are scum.
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Abq_Sarah Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 02:29 AM
Response to Reply #7
13. My Grandmother
Had a small policy... $1500. After she died a natural death, the insurance company refused to pay up. Our lawyer said it would cost more to sue than we would receive.
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NanceGreggs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 02:44 AM
Response to Reply #13
14. Your lawyer was right ...
... it would have.
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 02:04 AM
Response to Original message
8. Hadn't heard that one before
but I am not really surprised. I don't think it will stand up in court though. Or against public pressure. When somebody gets the lawyer, they should ask about contacting the media before they even start with the courts.
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merh Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 02:04 AM
Response to Original message
9. it depends on the policy, I would think
if the policy provided that the policy holder comply with the law and the state where the accident happened is a mandatory seat belt state, then the insurer may be claiming that the insured violated the law and a condition of the contract/policy.

I suggest that he beneficiaries take the policy(s) to a lawyer and ask the lawyer to review the policy(s) and the facts.

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zeos3 Donating Member (912 posts) Send PM | Profile | Ignore Wed Dec-31-08 02:10 AM
Response to Original message
12. The previous replies are correct
The policy should spell out what is covered and what is not. If it doesn't mention seat belts specifically, there may be some language in there stating the policy will not pay out if the death is the result of breaking the law (or something to that effect).

I haven't heard of this among the major life insurers but it takes a lot to surprise me these days.

They may be taking a page out of the health insurance companies' book and inserting vague language to allow them to avoid payment.

Talk to a lawyer and good luck.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 02:53 AM
Response to Original message
15. These days, insurance companies write in so many "clauses"..
They are not the insurance companies of old.

My friend's son was killed by a drunk driver who hit the car he was a paasenger in.. Granted HE too was drunk, but he was a PASSENGER..and they tried to stall on paying her the measly $10K policy she had been paying on monthly since he was 2 years old....they did finally pay off but not until after she had to borrow money to pay for his funeral :grr:

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Corgigal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 03:15 AM
Response to Original message
16. Insurance companies know seat belts can fail
They have accident investigators/re-constructionist that know how these things happen.

http://www.safetyforum.com/seatbelts/

Get an attorney and make sure the car is still available for someone to investigate. Another insurance company trying to not pay in someones time of need and crisis. My husband is a retired traffic homicide investigator and I can get your more stat's if you want it.

Good luck to you and remember both could have been buckled up and its possible the outcome would still be the same.
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Swamp Rat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 03:17 AM
Response to Original message
17. They all do this.... it's a racket.
I have never been paid what I was due by an insurer. Never.


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Contrary1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-08 11:14 PM
Response to Original message
18. To add to all of this sadness....
these folks had a dog. A dog who was so protective of this couple, that even the son cannot enter the home. Yesterday, he opened the door long enough to throw an open bag of dog food to the poor thing.

:cry:
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