How long does the tenet require for a insurance company to salary?
I live in NC and I own a relative who passed in 2004.He have a workmans comp policy that was to salary out upon his death.He have no wife,children and no will.The estate went to his siblings since his parents weren't alive.The insurance company,hasn't rewarded out because they say they don't know "who" the money go to.The lawyer say it goes to the estate which is divided among the siblings.They still haven't rewarded out..Is there a time closing date set for an insurance company to pay out?
Thanks for you oblige..
Answers:
if the attorney cannot answer this ask, it's time for a new attorney
If within is a lawyer involved, later he would know the statute of limitations. This is a very adjectives problem for insurance companies. They need an actual proof of estate or executorship surrounded by order to wages anything. Since that is not required for profusely of other things, lawyers and culture tend to overlook getting one. If it isn't laid out specifically in the will, afterwards your lawyer wants to get a court to appoint one.
Why would workers comp be paying on his death? Did he die due to injuries cause by an on the job coincidence?
Workers comp covers work related injuries. It is not life insurance. This doesn't form sense.
You are not going to get a demise benefit from workers comp unless the cause of release was related to an on the charge injury.
Additional info based on the spare details you provided. Workers Comp is regulated by state. There is no statute of limitations on benefits that I know of in any state. I handle a case within Arizona years ago that the injured party is still delivery comp benefits and he was injured contained by 1969. If his death be caused by an on the assignment injury, then doesn`t matter what death benefit would be rewarded to his estate. However, they will require proof that the death be indeed a result of the injury. What was the bring of death timetabled on the death licence?
One more thing. You have need of to find out if they ever denied the death benefit claim. If the estate in actual fact filed for the extermination benefit and the insurance company sent a denial letter stating that the annihilation was not a result of the injuries sustained on the assignment, then yes, you singular have a convinced amount of time to appeal that decision.
If you already own a lawyer handling this, he should know adjectives of this. If he doesn't, get a different legal representative but 3 years is an awfully long time to delay a release benefit unless there is something else going on here and it isn't really an on the available job related death.
In California, a annihilation benefit is only available to a human being that was Dependant household appendage. If your relative had no dependents, in that is no death benefit. But you'll want to check your own states laws.
Why surrounded by the world would Workemans Comp pay out upon annihilation, when there's no wife or children? It doesn't WORK that way! Ah, gotcha, work related demise. It NORMALLY only pays the settlement amount to wife or minor children. I've never hear of a WC policy paying a death benefit to SIBLINGS, who be not dependent on the deceased.
There is no time time limit set for insurance company payouts. And if the lawyer is right, and payout is going to the estate, later it's probably already been rewarded - you're just waiting for the trial system to DISTRIBUTE it. And there's no time set for that, either, it lately has to entwine its way through the courts.