Arvada, CO asked in Insurance Bad Faith for Colorado

Q: Fiance and I had insurance together and was told only 1 of us needed to carry uninsured motor insurance pER house hold.?

My fiance was killed. Uninsured claim paid out but went to his son, why didn't that come to me since we shared that Uninsured policy? And is it true in CO both people have to sign the rejection letter or just one?

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1 Lawyer Answer

Tristan Kenyon Schultz

Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Sharing a policy is not the same thing as listed beneficiaries. If the pay-out whet to the deceased's son, you likely were not listed as a beneficiary on the insurance.

If by rejection you mean a modification of beneficiaries, then only the deceased (when living) could modify beneficiaries. After death, the listed beneficiaries are locked. If you mean that the beneficiary wants to repudiate the award, the answer gets complicated. If the beneficiary is an adult (18 years old or older), a signed and notarized repudiation is required. If the beneficiary is a minor, the answer gets complicated because a parent must act in the child's best interest (but if the child repudiates in favor of the surviving parent, a conflict of interest exists--which a minor cannot cure by a simple signature). You may need to contact a probate attorney.

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