life insurance question plz advise

swaite78

hello,

my fiance was covered for 90k for life and critical illness cover unfortnatly she was killed in a accident in oct. The insurance company Aviva have said they want to wait until the inquest before making any decisions . why would this be when the coroner has already issued a temporey death cert stating head injury as cod.

Also knowing how insurance companys weasel out of paying will they refuse to pay as she was drunk at the time of the accident? any advise would be great

dunstonh

Firstly, sorry for your loss.

The insurance company Aviva have said they want to wait until the inquest before making any decisions . why would this be when the coroner has already issued a temporey death cert stating head injury as cod.

If the cause of death remains in doubt after a post-mortem examination and further tests are required, or if it is determined that the death was not from natural causes, an inquest will be held. For an inquest to be held, that could indicate issues which could impact on whether the life assurance should be paid our or not.

Death results in a chain of legal events occurring. Some deaths will have a quick process and see death certificates issued quickly. Others go through a drawn out process.

Also knowing how insurance companys weasel out of paying

Do they? That isn't reflected in the claims stats. Around 95% of claims are paid.

There could be a number of reasons the insurer is waiting. That could be their default position on all claims where there is an inquest. Or there could be something about the situation where liability could be an issue and maybe a third party could become liable and the insurer would look to recover costs from them or it could be a death a relatively short time after taking the policy out and they are waiting for the inquest outcome.

swaite78

thank you and thanks for getting back to me and as far as being drunk at the time the accident occurred will they refuse to pay due to this? she was clipped by a car whilst on a night out a friend has told me it makes the policy invalid? seems weird as people get paid out after suicides I believe sometimes

mania112

Sorry for your loss.

There are exclusions, but it's not as easy as to say that 'the insured was drunk and so there is no claim'

There could be a clause that say claims cannot be made when the death was caused due to negligence.

So (and sorry to be so matter of fact) if, as a result of being drunk, she stepped into the road and was hit by a car which had no time to react... then there could be a problem.

Best thing is to speak to Aviva directly.

Suicide is usually covered after 1 year of the premiums being paid. I personally don't think it should be allowable (if you deliberately smash your TV to get a new one on contents insurance, you won't)

kingstreet

If the plan was in her sole name, was it written in trust?

If not, did she have any children?

dunstonh

she was clipped by a car whilst on a night out a friend has told me it makes the policy invalid?

Dont talk with friends about these things. Most myths and rubbish you hear comes from workplace and friends. Usually there is a smidgeon of information that is right but only in certain circumstances or rare cases but as it has been passed from friend to friend, the info changes and you end up with a lot of rubbish.

Negligence can impact on the possibility of a payout. The outcome of the inquest will go a long way in deciding this. That would explain why the insurer are waiting for the inquest. It also has to be said that not paying out is unusual and not the norm.

swaite78

I thought that might be the case ahwell its not important I guess the money would've been handy though. it was in her name but her dad has probate and was going to hand it over to me.

which is also annoying we both set life insurance up with a financial advisor and we asked for it to be in each others names and ofcourse you don't rly find out until something happens that it hasn't.

mania112

Don't get me wrong, I think Aviva will pay out.

But there's sometimes situations where they may not.

I'd be interested to see how it plays out....

kingstreet

swaite78 wrote: »

I thought that might be the case ahwell its not important I guess the money would've been handy though. it was in her name but her dad has probate and was going to hand it over to me.

which is also annoying we both set life insurance up with a financial advisor and we asked for it to be in each others names and ofcourse you don't rly find out until something happens that it hasn't.

That's why I asked if the policy was written in trust. You would then have been named a beneficiary and would receive the benefit without the need for probate/administration.

swaite78

its actualy zurich sorry Aviva is my pension:] im going to ring the person dealing with this now and ask I don't think they will say anything though I couldn't sleep last night through worry about this I paid the funeral costs from my savings (9 grand odd) and have had to leave my job and flat. so without this it may cause me a few problems but its only money eh haha

kingstreet

If you are not the Executor/Administrator, will the insurer deal with you?