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Question: Insurance Law - Texas

Asked on 11/5/2009
Does an accidental death policy remain in effect as long as the insurance carrier continues to draft their payments from a checking account?
My mother passed away in an automobile accident and after looking at her bank statements I noticed that a premium for an accidental death policy was drafted from her account each month. I found the insurance companies name and called them. They said the policy was cancelled two months before my Mother's death. Yet they continue to draft her account for the payments. Is this policy still in effect if they continue to draft payments?

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Answers (2):

B. B., Member in Good Standing of the New Jersey Bar


Insurance companies, despite some of their warm-and-cuddly advertising, aren't in business to make your life wonderful, they're in business to make a profit. Sometimes, that leads to dubious, or even entirely unjustified, refusals to pay claims.

This situation has a very simple either-or:  either the policy was still in force, and they have to pay the death benefits, or they have to refund all of the premiums they collected after the cancellation -- which they'll have to prove.

Please get a lawyer to help you with this, because it's the only way you can deal with an insurance company on something like a level playing field.



  • Answered on 11/5/2009
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AttorneyPages has verified that this person is an attorney.

Sounds like a typical insurance company move.  Take in the premiums but do not pay the claim.

Insurance companies are in the business to make profits and one easy way for them to do this is by denying or delaying claims.

You need to speak with a Texas denied insurance claim attorney ASAP. 

For free information on Texas denied insurance claims, please visit www.kiplawfirm.com

You can also send a confidential e-mail through this website or call (214) 800-3454.

Respectfully,

Jason



  • Answered on 11/5/2009
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