Critical illness claim on joint policy but no contact with estranged husband

Boiledfrog

I have been (legally) separated from my husband for 5 years. There is no face to face contact between us due to domestic abuse in the past. We have children who are old enough to have independent contact (albeit court ordered) so contact between my ex and I is only via, very,very rare, emails. Even this limited contact is distressing for me. There is a remaining joint bank account that my ex refuses to agree to close and/or transfer to my name only as he insists on paying maintenance only to this account. A joint life insurance policy has been in place since we married 20 years ago. I have recently been diagnosed with cancer. My cancer is covered by the critical illness policy but having received the paperwork yesterday, it asks for his signature. My ex does not know about my diagnosis and I do not want him to find out. If I contact the insurer to discuss this, will they insist on him being informed? My G.P and consultant are aware of the domestic abuse and I receive support from a Woman's Aid worker. The insurance policy was connected to a previous house we owned and will not pay off the current mortgage; my ex has his own home for which he has a separate single life insurance policy (I have no claim on this home). Will I be able to claim on the joint policy without having to inform my ex that I have been diagnosed with cancer? Has anyone any experience of this situation? Any support gratefully received.

Jeremy535897

I doubt you will find an answer to such a specific question. I recommend you speak to the solicitor who handled the separation for you.

Boiledfrog

Thanks for the response Jeremy535897 - Separation agreement was done via (shuttle) mediation service and paperwork sent to the Court by them. I had very limited legal support due to finances (hence why I'm still not divorced five years later - ex is very litigious and obstructive as he has money to burn). I'm really looking for reassurance that the insurance company cannot make me disclose personal health information as this is likely to be used for further abuse. 

Jonesy1977

Jeremy is right, you need legal advice on this. Perhaps there is a charity that can assist, maybe try Citizens Advice first for a referral.  

Boiledfrog

Thankyou Jonesy1977 for your response -  CAB is a good idea, though I know through my own work (public services) that they are severely limited at the moment due to Covid-19. Women's Aid is also restricted in the support they can offer at the moment too. It is a difficult time personally due to recent diagnosis, but the historical 'baggage' is actually causing more concern so far...imminent chemotherapy will probably change that! 

I am aware that I posted this in the wrong forum initially - reported myself to MSE and reposted in correct forum so if this thread disappears thank you very much for the replies to date. 

Jeremy535897

It is not possible to comment further without more information. Who pays the premia on the policy and why, if it is no longer mortgage related? Is the benefit of the policy still assigned to a mortgagor anyway? Why have the insurance company sent you documents they need your husband to sign?

Boiledfrog

Jeremy535897 - The insurance premium is paid from the joint account (that ex refuses to close). He pays maintenance in to this account, I also pay in a monthly sum to cover jointly named direct debits that he (also) refuses to change for services like gas&electricity/Broadband. I looked out the insurance documents when I received my diagnosis. The paperwork related to a home we bought jointly many years ago and was for the sum assured that was needed to pay off that mortgage at that time (a quarter of current mortgage). It would appear that the cover was never updated to reflect a later, bigger, mortgage - that'll learn me not to trust his solicitor relative who did the conveyancing back then OR the trusted 'family' broker for financial advice going forward. Can 'o worms this cancer lark.

Boiledfrog

Sorry Jeremy535897 - forgot to respond to "Why have the insurance company sent you documents they need your husband to sign?" point. Paperwork fairly straighforward, just has a place for him to add his signature on the documents. 

Jeremy535897

Firstly, is the insurance policy assigned to the mortgagor providing the current mortgage, and is that where you live now? Is it in your sole name?
Secondly, I assume the insurance company regards you as the administrative point of contact, so there is no danger of any copies being sent to your husband?
Thirdly, what are the terms of the policy? Is it joint life, first death? Who are any proceeds paid to? I would guess that any payments made while you both still live (critical illness) will be paid into the joint account? Has your husband any rights to withdraw funds from this account? Does he receive any information about what is in it?

I think you would be best engaging a solicitor to advise you, before you have any further contact with the insurance company. Obviously time is of the essence.

TN1984

How was this policy dealt with when you divorced/split? Is the policy assigned to the mortgage company? Is it written in trust?

The fact they are asking for your ex-husband's signature suggests he is still a policy owner. You really need to take advice on this as soon as possible, as I am assuming you are expecting to receive the full sum assured, but my concern would be if it is a joint policy on a first event basis, the payout could be owned by you both jointly. A plan with joint owners does not work on the basis of 'my claim, my money'. Of course, this might have been (and hopefully was) properly dealt with at the time of the split, but please do seek advice.

Does he remember the policy exists do you think? If he ever checks the joint bank account presumably he would know payments have gone out. Even if you get around them needing his signature, once your claim is made, the policy will (presumably) end, along with the payments, and if he notices these payments stop he might well start looking into why. One call to the insurance company and he would know what had happened and how much had been paid out.