My brother passed away 3 days ago. I just found out that he was 61 days behind on paying his life insurance premium, on a policy he has carried for years. I know there was a 30-day grace period on the policy for late premiums. His check register showed he wrote the check last month, but when I called the insurance company, they said they never received it, and then I found out that it had not been cashed (so I don't know if it was ever mailed - can't find it). He had not been thinking straight for the last several weeks (we didn't know why at the time).
I agree. There are numerous issues, including the competency of your brother at the time. Consult a local attorney.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
This is a lapse case, and there is a lot of caselaw on lapse which is why god created the life insurance attorney.
Questions abound as to the notice that your brother was sent regarding cancellation and if the policy has lapsed. Seek out insurance counsel. Avvo find a lawyer feature may be helpful.
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