Our client’s employer offered group life insurance coverage to her and her family. She applied for coverage for her domestic partner. Her application was approved and premiums for dependent group coverage were deducted from her paycheck. When her domestic partner died, however, the insurance company denied her claim stating that she failed to provide a notarized affidavit or a signed statement reflecting that the couple have met the definition of a domestic partnership as outlined in the policy. While both the insurance company and the employer had an ample opportunity to request an affidavit during the 2.5 years that the coverage was paid for, they failed to do so. Instead, they accepted our client’s premiums for dependent coverage and made misrepresentations to her that coverage on her partner was in effect. It was not until the insured’s death that the issue of an affidavit was even raised.

Our law firm was successful in recovering the denied dependent claim from the employer.