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Mark Christopher Wolfe
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Mark Wolfe’s Answers

382 total


  • Life Insurance Fraud

    My mother had a life insurance policy in which I was the beneficiary. I have submitted the claim and they want me to send them a copy of my mothers will in order to access her medical records. She died within 2 years of the claim and as a result a...

    Mark’s Answer

    Sorry for your loss. What the insurance company is doing is something commonly called retro-active underwriting. It is legal and they are within their rights to rev'w your mother's past medical records for any undisclosed "material" medical condition. They have this right because it appears your mother died within the two year contestability period. However, any undisclosed prior medical condition on the application still must have been material to the risk. This is a legal term of art and insurance companies sometimes try to over-extend the definition to avoid paying a claim. I'm not sure why they need a copy of her will to access medical records. Most of the time all they need is a copy of the death certificate. I've handled lots of life insurance claims and the only time I've seen this before is when the insurance company said the cause of death was suspicious and they wanted to know if my client was the primary beneficiary under the will as well as the life insurance policy. No sense sending them a demand letter at this point; however, you may want to send them a written request via mail, e-mail or fax asking for an explanation as to why they need a copy of the will. Also, it may be time to consult with a lawyer about this situation. Finally, I'm including a link to the a Life Insurance Claim Resource Ctr that may provide additional information.

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  • How do I find out if my deceased father had a life insurance policy or not?

    My dad passed away a few weeks ago. There was no will (that we're aware of). I was looking through some documents at his house and found a statement from AFLAC that he was paying into, but when I looked the policy up on their website, nothing coul...

    Mark’s Answer

    Sorry for your loss. See the link below. It has an article with tips on locating life insurance policies. Also, the Alabama Dept of Insurance has a link on their web site that allows you to search for policies. Good luck.

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  • I have paid for insurance coverage but now the insurance company doesn't want to pay off.

    I was disabled in 2003 and drew my short term disability and then am still on long term disability. the insurance package also included life insurance. This was also for my spouse. I have been paying through bank draft the premiums since 2003. My ...

    Mark’s Answer

    Most attorneys that handle life insurance claims provide a free consultation and many will handle claims for a percentage of the recovery and no fee is charged if there is no recovery. I would consult with a lawyer asap but remember you must prove you paid the premium for the life insurance. So you may want to get your bank records together that show the auto-payment as well as any info you have about the "insurance package" and bring that to your consultation. Good luck and sorry for your loss. (I'm including a link to a life insurance claim resource center that may also be helpful.)

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  • Car accident 100% not my fault, other drivers insurance 25000 mine 50000 after this is spent then what I need another surgery

    I have been told when the 75000 is gone thats it no recourse, Its like i dont have rights. I cant help the other driver had the cheapest insurance Progressive, bare minimum, my injuries were extensive. My neck and back it was a head on collision a...

    Mark’s Answer

    Sorry to hear about your situation but I would tell you to listen to your lawyer. It is a shame that neither the at-fault driver nor you carried more insurance but at the end of the day you are most likely going to be limited to the amount of coverage available. Yes, you could spend two years in Court suing the at-fault driver and getting a large judgment but once the judgment is received, then and only then will the insurance companies pay their limits and you are left trying to seek the additional judgment amount directly from the individual. Who then would most likely declare bankruptcy on the judgment amount thereby effectively limiting the amount of your recovery to the available insurance coverage.

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  • My insurance company denied my fire claim stating I did not own the house at the time of fire. Can I sue. If was the owner.

    I entered into a purchase sale and agreement in August of 2014. The property went into probate and was finalized in September. I paid for the property in full October 5th. I purchased insurance October 7th. The fire occurred October 20th. I transf...

    Mark’s Answer

    To answer your question will take some time and research. Yes it is possible you have a valid claim but a lot will depend on the terms of the policy and/or binder and the legal issue of constructive ownership. I would suggest trying to find a lawyer to research these issues. In the interim, make sure you have all of the paperwork related to this matter, insurance policy, premium payment receipts, letter of denial, purchase agreement, etc. Good luck.

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  • Is 7,100 reasonable to take ?

    I was involve in a wreck back in 2013. Where the guy driving the company truck thought he had a blow out but in reality the tire hit me on the back driver side. They made a offer of 19,500 with me walking away with 7,100 which could go up if my ...

    Mark’s Answer

    If you have an attorney this is a question that should be answered by him or her. If you are looking for a second opinion then you should consult with a local atty who can rev'w all the facts. If you do not have an atty, then it would be worth consulting and maybe hiring an atty. Attaching a link on hiring an atty. This forum is way too limited for anyone to give you a meaningful response. Too may factors to analyze and review to answer your inquiry. good luck.

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  • I Just would like to know if it's possible that I could still get any money from the accident that I had in 2010

    A truck hit me on the passenger side at a light that was turning he was trying to catch a yellow light that turned green for me to go on the opposite side of the road and as I made sure It was clear I turned and got struck and knocked into the par...

    Mark’s Answer

    The simple answer is probably not; HOWEVER, you should take the time to find a lawyer to fully consult with to determine if any viable claims may still exist in your situation. Depending on the facts of the situation and the coverages you may have had under your policy, it could be possible that a viable claim could be processed. Good luck with this matter and I've attached a link to our web site that has ore info about auto-insurance claims that might be helpful.

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  • What other documents can be used when sending in Small Estate Affidavit for life insurance claim?

    I was notified after filing life insurance claim,for the death of my brother that I need to fill out small estate affidavit form that the insurance co., is sending me, and also send in church program(Im assuming to see if there are any siblings,ev...

    Mark’s Answer

    • Selected as best answer

    Sorry for your loss. Based upon what you describe, it sounds to me as if your brother had not designated you as the beneficiary on the life insurance policy. Had he done so the proceeds would have gone straight to you without need of an Estate. Since it appears this did not happen, then the beneficiary of the policy will be his Estate and there will need to be a determination that there are no other heirs to the Estate...or creditors who may make a claim against said Estate. if you are the only heir then eventually the remainder proceeds will go to you. Not sure how much money is at stake but I would encourage you to consult with a probate/estate lawyer in your area for further advice on this situation. I'm also attaching a link to our web site that has more info about life insurance claims. Good luck!

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  • Can a personal injury damage case totaling over $100,000 be filed in any venue or jurisdiction?

    I am not currently represented by legal counsel on this matter. My statute of limitations is running out and I need to decide whether to pursue legal action or take the meager settlement from State Farm. I am NOT interested in a contingency fee...

    Mark’s Answer

    Jurisdiction and venue questions can be complex and if you have a SOL bearing down on you, I'd highly recommend at least paying for a consultation with an attorney in your area who is familiar with the related tort laws and jurisdictional issues to give you advice on wear to file your pro se lawsuit. AVVO is great for general legal questions but you may be expecting too much from this free forum regarding your legal issues. Good luck.

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  • Can I go to jail not having insurance after nine fault accident . The lady hit my car from the back. Will I have to pay.

    I was at the stop light , waiting light to turn green. The woman slammed her car at me, saying she was trying to pick, something from the floor. Anyway police gave me ticket for no insurance and right away less than 2hrs I went to get insurance , ...

    Mark’s Answer

    No you will probably not go to jail for not having insurance. Make sure you take your new proof of insurance card to Court with you. The Judge may reduce your fine or waive Court costs if you show you now have insurance. As far as the damage to your car, the other driver or her insurance company should be responsible for fixing your car and compensating you for any injuries you may have suffered. I'm attaching a link to a web site that has more info about car accident claims. Good luck and I hope this info is helpful.

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