How can I prevent or find out if someone has taken a life insurance policy out on my minor child?

I have sole custody of my child. She has an estranged grandmother who I think may have obtained a life insurance policy in my child’s name without my consent. This woman is of questionable intentions. Is there legal action I can take to prevent or stop this?

Asked on September 8, 2011 under Insurance Law, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What I believe that you mean here is that she has obtained a life insurance policy on the life of your child, correct?  In order to take out a life insurance policy on the life of someone else a person must have what is known as an insurable interest.  Defined it means that a right to take ut a policy exists when the purchaser has a reasonable expectation of profit or benefit from the continued life of the insured.  Certain blood relationships automatically give rise to insurable interests (parent/child) and legal relationships do as well (husband/wife; business partners).  Grandparents and grandchildren have insurable interests in each others lives.  So really there may be nothing that you can do to stop her here short of terminating her rights.  I am sorry.  Good luck.

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