If my ex-wife has an insurance policy on me without my knowledge, is this legal?

We have no children under the age of 21.

Asked on December 4, 2011 under Insurance Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The person you are insuring must know that you are insuring their life and consent to it. In other words, the person being insured must have given their permission prior to the policy being issued. Typically, there is a section in a life insurance application that indicates the insured individual's name. If this name differs from the policyholder's name, then the insured's signature is required. Further, as a practical matter, most times a health exam is required on the life of the insured so they would find out about the insurance at the time of the exam.   

Additionally, when you buy life insurance on another person, you must have what is known as an "insurable interest" in the life of that person. Cosequently, when you apply for insurance, the insurer checks to make sure that this interest exists. An insurable interest is created when you have a personal and/or economic interest in the life of the insured. This means that the person's death would cause you either personal and/or financial loss. For example, if you are insuring an ex-spouse who s responsible for child support or alimony.


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