I need some more details but As a California Attorney and one of the very few that are Fraud Examiners ( CFE member of the Association of Certified Fraud Examiners) I can help you with this problem. http://sdmcduff.com and http://karamanlispowers.com
Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as a legal advice on any subject. No recipients of content from this site,clients or otherwise,should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. The Karamanlis Powers Law Offices expressly disclaims all liability in respect to actions taken or not taken based on any or all of the contents of this website, weblogs, twitter, facebook, google+.Ask a similar question
If they were negligent in allowing the money to be withdrawn, then yes, the insurance company could be held liable. You need to speak with an attorney that handles insurance cases. You also need to contact the police about the identity theft.Ask a similar question
Not unlike a Bank, this company had your money and without authorization gave it to someone else. There is no reason whatsoever that they should refuse to give you your money now based ONLY on the facts you've posted. It is the insurance company and not you that has been cheated. Any refusal to give you your funds (based solely on your facts as posted) is in bad faith and opens them up to potential additional damages.
http://www.calemons.com/Ask a similar question
This case definitely sounds in negligence. They definitely owed you a duty ... the question in my mind is, "What measures did they take to ensure that the drawer was actually you?"
Did they require a signature in writing?
Did they send a confirmatory letter or e-mail?
Did they talk to you on the phone at an authorized number on the account?
I would be inclined to file suit in California, since the annuity company does business in your state and has subjected itself to your jurisdiction. Make them do the hard work.
Remember: I'm not your lawyer, and this is not legal advice. Consult your own attorney.Ask a similar question
Possibly. Annuities are contracts so please look at the original contract very carefully, as it might mention the situation you described above. You may want to take that contract to an attorney experienced in this matters. Also, quite typically, insurance companies require original notarized signatures for surrenders or even partial withdrawals. So if there is notary that is involved in a forgery, then the notary may be liable as well. Good luck.Ask a similar question