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How and when can life insurance be taken out against the insured's will or without the insured's knowledge? Is there a remedy?

San Diego, CA |

I am the insured on a life insurance policy which was issued when I was a minor child living in California. The issuer is refusing to provide me with any information regarding the policy because I am not the policy holder. Do I have any remedy?

Attorney Answers 2

Posted

When you were a child your consent was not required. A parent could "consent" for you. As long as the person buying insurane has an "insurable interest" in the insured, there is no recourse.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Unfortunately, your not the owner of the policy and remedies may be limited. However, this is likely a policy issue to your parents which usually has a limited time to elapse (10-20 years). Your parents would have an insurable interest, but obtaining a copy from them would likely be the only way. I am not sure of the purpose of this information as your not the beneficiary or owner of the policy. The only purpose i can see if if this is a permanent policy with a cash value of some sort, but again, your likely not the beneficiarly of the policy, or contingent beneficiary. Perhaps this response would trigger other suggestions to help you. My appologies. More clarity may be required.

This email does not create an Attorney-Client relationship.

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