Fraudulent Life Insurance Policy Created in My Name Without My Knowledge

Asked 9 months ago - Los Angeles, CA

My brother-in-law who was staying at my house for a couple of years worked as an insurance agent. I discovered by looking at some papers he left behind when he moved out that he created a life insurance policy in my name without my knowledge and forged my signature. I called the insurance company and they told me the policy was active for a year (was cancelled the same month he moved out). Premium was paid in cash. To avoid anyone calling me, he used his phone number on the application. I am not sure why he did this--don't know if he was just after commission or was planning to do harm to me, as he put his sister (my now ex-wife) as the beneficiary. I don't know what to make of this or what my legal rights are.

Attorney answers (6)

  1. David J. McCormick

    Contributor Level 20

    7

    Lawyers agree

    Answered . What he did may be wrong, but what are your damages? The premiums were paid for and the policy is now cancelled so I am not sure how you were harmed in any way. The law does not allow compensation for possibilities or “may have” or “could have” type situations.

    Why don’t you call your sister and see if she knows what was going on at that time?

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  2. Wendy Marie Schenk

    Contributor Level 16

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Are you on good terms with your ex-wife? If so, call her and ask if she knew anything about this. Perhaps you should also call your brother-in-law and ask him point blank what this is all about. See what he says.

    It was fraudulent for him to take out a policy in your name and forge your signature on the policy, but as other attorneys have pointed out.....what are your damages? My concern would be whether he opened another policy after the one you discovered had lapsed. I'd ask the insurance company to add it to their SIU listing. If after talking to your brother-in-law you have concerns that he might wish to do harm to you, you should report it to the police.

    This response is provided solely for informational purposes. It should not be construed as "legal advice" and does not create an attorney-client relationship.

  3. Tatiana Kadetskaya

    Contributor Level 19

    6

    Lawyers agree

    Answered . You can report him to the Department of Insurance in CA. Since the policy was cancelled, you cannot pursue a lawsuit now.

  4. James Churchill Glassford

    Contributor Level 6

    2

    Lawyers agree

    1

    Answered . Read "Double Indemnity" by James M. Cain and thank your luck stars nothing happened.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Policy cancelled, so can't pursuit suit now

  6. Robert E. Harris Jr.

    Contributor Level 16

    3

    Lawyers agree

    Answered . Fortunately, this matter ended. It leaves me with the impression that your wife's brother didn't think you adequately took care of his sister. If you haven't already, perhaps you should buy some life insurance so that others won't have to commit fraud to give her some modicum of protection.

    The above response is general information ONLY and is not legal advice, does not form an attorney-client... more

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