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If you fill out a request to cancel insurance, but continue paying premiums (which are accepted), is the policy intact?

New York, NY |

My husband died in June of this year, while on active duty. I was informed that I would receive his SGLI (life insurance). This morning I was told that he had filled out a form to decline SGLI in October of last year, and that the insurance company would not pay the benefit. The twist is that they continued to withdraw the premium from his paycheck, and his monthly statements show both the premium and state the original amount of coverage. I am confident that he believed he still had life insurance because of this.

Can the insurance company choose to deny coverage and return the premiums?

Attorney Answers 2


  1. My condolences. I suspect you will have a litigation on your hands. Insurance companies will look for any excuse not to pay. If the your husband affirmatively declined the coverage, you likely have a tough case although you are liekly due a refund on the premiums deducted after he declined the coverage. You should retain an attorney who has experience suing insurance companies for breach of contract.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.


  2. How sad. since they continued to withdraw the premium from his paycheck, and his monthly statements show both the premium and state the original amount of coverage you are likly to have a good case. You need to speek with a lawyer who does "bad faith" work, and soon.

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