Denied or Delayed SGLI Claim?


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Featured Settlement

Our firm recovered $400,000 for an SGLI beneficiary whose claim was denied by the insurance company based on an alleged failure of an insured servicemember to pay premiums on his SGLI policy. Our SGLI attorneys fought relentlessly for the beneficiary’s right to receive the denied SGLI benefits.

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When servicemembers apply for SGLI coverage, they are asked to complete form SGLV-8286 designating a beneficiary. An applicant may choose to write a specific name or “By Law”. The provisions on the reverse side of that form explain that a “By Law” designation results in distribution of the proceeds in the following order:

 

 

1. Widow or widower; if none, it is payable to

2. Child or children in equal shares with the share of any deceased child distributed among the descendants of that child; if none, it is payable to

3. Parent(s) in equal shares; if none, it is payable to

4. A duly appointed executor or administrator of the insured's estate, and if none to

5. Other next of kin.

If a servicemember wants a specific person to receive his insurance, then he must name that person in Part 2 of the form, otherwise, it is paid as provided above. There are situations where two or more individuals file competing claims for SGLI benefits after an insured’s death. This usually happens if there are conflicting documents showing the insured’s intent. For example, if an insured files with his uniformed service a Record of Emergency Data Form (REDF) and lists his ex spouse as the beneficiary of his “Unpaid Pay and Allowances” but does not name a beneficiary on his SGLV-8286 form, several people may file a claim for the SGLI benefits. Any of these individuals may have valid claims depending on the specific circumstances of their case.  An experienced SGLI attorney will sort through all the evidence and will explain your rights.

 

Generally, under the Servicemembers’ Group Life Insurance Act, any amount of insurance in force on a member on the date of the insured’s death should be paid:

 

First, to the beneficiary;

Second, if there is no such beneficiary, to the widow/widower;

Third, if none of the above, to the child/children of the member and descendants of diseased children;

Fourth, if none of the above, to the parents of such member or former member or the survivor of them;

Fifth, if none of the above, to the duly appointed executor or administrator of the estate of such member or former member;

Sixth, if none of the above, to other next of kin of such member or former member entitled under the laws of domicile of such member or former member at the time of the insured’s death.

 

Federal courts usually require strict compliance with the provisions of the Act in order to avoid undue burdens on private insurers resulting from disputes concerning the actual donative intent of insured servicemembers. In beneficiary disputes, federal courts have recognized that writings other than the SGLI Election form, if received before death, may be relevant for the purpose of determining a deceased soldier’s intended beneficiary. Thus, documents that had been sent by the insured to his uniformed service should be reviewed and considered in identifying the rightful recipient of SGLI benefits.

 

Our SGLI attorneys are experienced legal professionals who have successfully resolved many beneficiary disputes. We will provide you with the legal service you deserve.  Call our SGLI lawyer at (888) 510-2212 for a free consultation.

 

Call (888) 510-2212 for a free consultation.