Insurance claim paid to two parties when separated and 2nd party will not sign check.

Question Details: After being separated for 1-2 months, I was a victim of pharmacy malpractice which nearly killed me. The pharmacy filed a claim with their insurance company with me as the sole complainant. I settled with the insurance company several days ago, but they insisted on putting my wife's name on the check,even though she had 0% involvement. She refused to endorse the check out of spite, rendering my settlement completely worthless. The insurance agent stated that by law, both parties were required to be on the check. Is the agent wrong in putting her name on the check? He was told she wouldn't sign

Asked 9/29/2009 under Insurance Law | 310 View(s) | More Legal Topics

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Insurance Law Law Answers

Your wife has no claim on this money;  even if you go ahead and divorce, she gets none of it;  it wouldn't have mattered if it had happened even before you separated, the result would be the same, as long as you didn't put the money into a joint account.

I'd not a Tennessee attorney, and I'd strongly recommend talking to a local attorney about this, because the "by law" statement from the agent sounds like hokum to me.

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