Residents of New York who purchased life insurance from an insurance company that goes out of business will still be covered under the new law. In November 2014, New York Governor Andrew Cuomo signed a bill that removed a cap on a New York fund that pays benefits to New Yorkers who bought life insurance policies with companies that became insolvent.
Departments of Insurance of several states announced a $1.2 million settlement agreement with Symetra Life Insurance and Symetra National Life Insurance Company in connection with the insurer’s use of the Social Security Administration’s Death Master File.
The settlement was a result of a multi state investigation led by Illinois, Florida, New Hampshire, North Dakota, Pennsylvania, and California.
State community property laws offer certain protections to spouses in case of marriage dissolutions and often require a division of marital assets between the divorcing spouses and in the event of a spouse’s death.
In case of a spouse’s death, community property state laws may be involved in a life insurance dispute. Such laws are complex, especially if they are viewed in conjunction with federal laws controlling such life insurance claims as FEGLI claims.
The federal laws controlling FEGLI claims usually preempt state laws, including those of community property states. Courts across the country have ruled on the issue of a FEGLI claim dispute in community property states.
Thus, the United States District Court of California ruled in MetLife v. Armstrong-Lofton that a state law claim to the benefits of a FEGLI policy is preempted by federal laws.
Beneficiary changes under a FEGLI policy may be deemed invalid if not performed according to the laws controlling Federal Employees’ Group Life Insurance policies. In many cases, the validity of a change of a FEGLI beneficiary nomination is disputed after the insured’s death and after two or more competing claims have been filed under the same FEGLI policy.
Beneficiary Change and State Court Orders
If a federal employee had been divorced or had children who required child support, a state court order may be involved. A state court order may direct an individual to maintain a life insurance policy on his/her life for the benefit of the ex spouse or their children. A state court order may also restrain the divorcing individual from changing beneficiaries on his/her life insurance policy.
Usually, if an individual restrained by a state court order from making any changes on a life insurance policy decides to rename beneficiaries in the future, he/she may be found in violation of a court order and such a beneficiary change may be deemed invalid.
This is not the case, however, with FEGLI policies. Federal laws control whether the insured’s change of a beneficiary under a FEGLI policy takes precedence over a state court order prohibiting a change of a designated beneficiary.
A policyowner has the power to change beneficiaries on a life insurance policy at any time and without the existing beneficiary’s consent (unless the existing beneficiary is irrevocable).
For many beneficiaries, it means that they may not even know that they are no longer on the policy and will not receive life insurance proceeds after the insured’s death.
This may come as a surprise to many family members who rely on the proceeds from a life insurance policy to honor various financial obligations after the insured’s death.
The SGLI policy may be the largest asset for many servicemembers’ family members. Careful estate planning and management of SGLI coverage is essential to financial security. An important part of taking out a SGLI policy is electing the amount of SGLI coverage and designating SGLI beneficiaries on the SGLV form 8286.
The SGLV form 8286 is Servicemembers’ Group Life Insurance Election and Certificate which a servicemember must complete in order to name beneficiaries and elect the amount of SGLI coverage. This form can be completed online or printed and turned into the S-1 office.