Is it legal to get a life insurance policy on someone without that person knowing about it?

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Is it legal to get a life insurance policy on someone without that person knowing about it?

Asked on November 24, 2011 under Insurance Law, Missouri

Answers:

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

Answered 12 years ago | Contributor

When you buy life insurance on another person, you must have what is known as an "insurable interest" in the life of that person. Accordingly, when you apply for insurance, the insurer checks to make sure that this interest exists. Further, the person you are insuring must know that you are insuring their life.

Specifically, as to the an insurable interest, this is created when you have a personal and/or economic interest in the life of the person to be insured. This means that the person's death would cause you either personal and/or financial loss. For example, if you are insuring your own life, or the life of your spouse or your child.

As to consent, 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. Additionally, most times (but not always) a health exam is required on the life of the insured; they would find out about the insurance then at the time of the exam or at least when it is scheduled.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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