[WSBAPT] denial of life ins benefit due to late notice of death

[Rod Harmon]

Thanks, Roger.  Unfortunately the policy is a group life policy, so RCW 48.23.130 does not apply.  See RCW 48.23.020 (1): “No policy of life insurance other than industrial, group and pure endowments with or without return of premiums or of premiums and interest, shall be delivered or issued for delivery in this state unless it contains in substance all of the provisions required by RCW 48.23.030 to 48.23.130, inclusive.”

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com>
   rodharmon at msn.com<mailto:rodharmon at msn.com>




From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Tuesday, December 4, 2018 12:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] denial of life ins benefit due to late notice of death

Rod: this may help.  probably there is a more specific rcw or wac that declares you the winner😊

RCW 48.23.130<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D48.23.130&data=02%7C01%7C%7C63af045897fd4f3bea1608d65a29ce50%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636795532933818331&sdata=OG0boNGWH9x5Oieb0BmYSAWVTALukUyCQcT9qR0%2BlKM%3D&reserved=0>
Settlement on proof of death.
There shall be a provision that when a policy becomes a claim by the death of the insured, settlement shall be made upon receipt of due proof of death and surrender of the policy.


From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Rod Harmon
Sent: Tuesday, December 4, 2018 12:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] denial of life ins benefit due to late notice of death

Life ins policy has 90 day claim period.  Beneficiary gave notice 2 years after death (fully completed claim form and certified copy of death certificate).  Insurer denied claim due to late notice.  There is a 60 day appeal period.

Is my understanding correct that noncompliance with the claim notice period is not grounds for denial of benefits unless the insurer shows actual and substantial prejudice?
And, if so, how could life insurer be prejudiced by the late notice?


Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.rodharmon.com&data=02%7C01%7C%7C63af045897fd4f3bea1608d65a29ce50%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636795532933818331&sdata=Ujxr9v9uOBRWJM8mOehkcwbbnlE7VOdc%2FQo6PJYHRug%3D&reserved=0>
   rodharmon at msn.com<mailto:rodharmon at msn.com>



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