Life Insurance Dispute Question
Teacher employed with school district, covered under group life ins. policy, with son as beneficiary. Son was not aware of the life insurance policy. Year and a half after father’s death, son discovers policy. Insurer denies son’s claim citing 1 year, 90 day limitation on claims. Is this a valid provision?
Answer: I think you are OK with regard to the limitation on time to sue. See 36 O.S. Sec. 3617: “No policy delivered or issued for delivery in Oklahoma and covering a subject of insurance resident, located, or to be performed in Oklahoma, shall contain any condition, stipulation or agreement (1) requiring such policy to be construed according to the laws of any other state or country, except as necessary to meet the requirements of the motor vehicle financial responsibility laws or compulsory disability benefit laws of such other state or country, or (2) preventing the bringing of an action against any such insurer for more than six (6) months after the cause of action accrues, or (3) limiting the time within which an action may be brought to a period of less than two (2) years from the time the cause of action accrues in connection with all insurances other than property and marine and transportation insurances; in property and marine and transportation policies such time shall not be limited to less than one (1) year from the date of occurrence of the event resulting in the loss. Any such condition, stipulation or agreement shall be void, but such voidance shall not affect the validity of the other provisions of the policy.”
Posted on Thu, October 27, 2011
by Sharon Coleman filed under