Missing and Anounced dead, then comes back.

Get Legal Help Today

 Secured with SHA-256 Encryption

Missing and Anounced dead, then comes back.

What happens if a person is missing long enough to be considered dead and the life insurance is already delt out, but the person comes back? Will the insurance that has already been delt be taken back? Can the person who was thought to be dead get a new life insurance policy?

Asked on June 1, 2009 under Insurance Law, Wisconsin

Answers:

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

Answered 12 years ago | Contributor

If the insured is declared legally dead then my understanding is that the proceeds do not have to be paid back.  Of course this assumes that there was no fraud here.  For example, if the insured and the beneficiary colluded on the claim then restitution would have be made to the insurance company.  Additionally, there would be obvious criminal penalties as well.

As for getting a new policy, absent fraud on the original policy, I don't see why not as long as the insured meets all requirements for issuance of a policy.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption