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  1. #1

    Default Preventing Sister's Killer from Getting Insurance Proceeds

    My question involves insurance law for the state of: Tennessee
    In 2006 my sister died in a house fire that was determined to be a set fire by her finance. He has never been charged or anything even though they say it was a set fire. We have filed a claim for the life insurance proceeds of which he was beneficiary and now the insurance company wants to inter plead the money since he filed a claim too. My question is this would my states wrongful death statue affect our case? What grounds can we use to claim the money? The life insurance company has been told by the da that it is an ongoing investigation but an attorney friend has told us that if he was going to be charged he already would have by now given his knowledge of our town. how do we prevent him from getting the money we think he killed her for?

    Frank

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: Preventing Sisters Killer from Getting Ins. Proceeds

    You get an attorney and file a CIVIL wrongful death case against him now.

    Know that the attorney will want his/her pound of flesh.

  3. #3

    Default Re: Preventing Sisters Killer from Getting Ins. Proceeds

    i have talked to my friend but he said the statue here is one year for wrongful death!!! is that the only route we can go to prevent him from getting money?
    and since he hasn't even been charged with anything doesn't that make the suit more difficult?

  4. #4
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    Default Re: Preventing Sister's Killer from Getting Insurance Proceeds

    So go wrongful death.. and make the value of the suit the proceeds of the insurance plus your legal fees.

  5. #5
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    Default Re: Preventing Sisters Killer from Getting Ins. Proceeds

    Quote Quoting frankjohns4321
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    i have talked to my friend but he said the statue here is one year for wrongful death!!! is that the only route we can go to prevent him from getting money?
    and since he hasn't even been charged with anything doesn't that make the suit more difficult?
    Remember... OJ was found INNOCENT and the civil court still awarded the Goldman's MILLIONS for a wrongful death suit.

    It has to do with the much reduced burden of evidence necessary in civil court versus criminal court.

  6. #6

    Default Re: Preventing Sister's Killer from Getting Insurance Proceeds

    even though the statue has run out????

  7. #7
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    Default Re: Preventing Sister's Killer from Getting Insurance Proceeds

    Quote Quoting frankjohns4321
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    even though the statue has run out????
    Talk to an attorney. Because the proceeds aren't being distributed until now, that may give you an opening.

  8. #8

    Default Re: Preventing Sister's Killer from Getting Insurance Proceeds

    i want to but they all want at least 200.00 just to talk about it and well money is tight ya know. i wish i knew more about how the statue is applied because we both filed a claim to the money 2 years ago and he sued the company to pay a few months ago and then they want to do this inter plead and now his lawyer want to go to mediation to settle and my friend said it would be a good idea to do that but that means a deal and him getting something which i don't want him to get.

  9. #9
    Join Date
    Mar 2007
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    9,096

    Default Re: Preventing Sister's Killer from Getting Insurance Proceeds

    The answer is an attorney.

    You cannot do this on your own.

    See if an attorney can work the costs into a contingency agreement.

  10. #10
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Preventing Sister's Killer from Getting Insurance Proceeds

    You do need to get an attorney - I worked at an ins. co. & this could end up going to court & a judge deciding who gets the proceeds if an agreement can't be reached with the ins. co. & between parties.

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