can I get spouse insurance without his concent

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PostPosted: Sat May 02, 2009 7:22 am   Post subject: can I get spouse insurance without his concent  

my husband is retired,hewas selemployed,thats why he is only getting some socialsecurity,no other benifits.I have insurance on me,but does.t have nothinig.he is not terminally ill but he has several health problams.I just want to get small term isurance incase something happens we will have something to use for sudden expences. thanks

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PostPosted: Sat May 02, 2009 10:54 am   Post subject:   

Why wouldn't he consent? I'd think he'd be happy to.. to answer your question no, you can't legally get a policy on an adult without their consent...you could check rates though, if his health is bad, it may be cost prohibitive, and you might want to check on final expense insurance rather than life.



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PostPosted: Sat May 02, 2009 5:27 pm   Post subject:   

You can certainly get a life policy on your spouse without their permission. Businesses do it all of the time. Walmart is a good example... they (used to) take out life policies on employees with Walmart being the beneficiaries all of the time (they were sued over this just a few years ago and I think the law has since reduced this ability to "key man" employees). I'm guessing that you only need to have a insurable interest in the person in order to obtain the policy. You certainly have an insurable interest in your spouse as if he dies, you suffer a financial loss.

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PostPosted: Sat May 02, 2009 6:18 pm   Post subject:   

What I know for sure is that I contacted my life long agent to discuss getting life insurance on my brother, (about six months before he died)...the agent said I can most certainly buy the policy, but he would have to sign off on it...(which wouldn't have been a problem)...The way I understood it, first of all he has to answer all the questions, (mostly health related of course) and then sign that these were accurate answers (material mis-rep don't cha know)...His ex-wife was told the same...course I drug my feet and didn't get it done..(absolutely no problem with him...he was more than cooperative-as I was trying to protect his daughters from lack of financial means for college etc, should he die)...Anyway that's the story I got in Missouri.



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Last edited by Lori on Sun May 03, 2009 1:40 pm
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PostPosted: Sat May 02, 2009 8:44 pm   Post subject:   

Quote:
You can certainly get a life policy on your spouse without their permission.




Ok, if one can "certainly" do this, name one company that will allow it.
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PostPosted: Mon May 04, 2009 4:28 am   Post subject:   

Law in most states says that you can buy life insurance on the life of your legally married spouse and dependent, minor children without their consent. While the law may allow it, the insurer doesn't have to permit their agents to do it.



In addition, it's awfully hard these days to buy a life insurance policy on someone else without their knowledge, as the insured normally has to go through medical exams. This isn't, however, always the case. Certain types of policies (guaranteed issue/non-med) and coverage for younger, healthier people and low face amounts could mean no medical.



I am aware of several companies that allow the spouse to buy coverage on the other spouse without consent of the other. As well, the insurable interest must be present in order for you to buy coverage on another, and there are many misconceptions as to the legalities of insurable interest.



As to Wal-Mart buying insurance on employees under the guise of "key-person" insurance, that's a joke. Mad It was simply a way for Wally-World to collect some minimal death benefits. There is absolutely no insurable interest involved. As inherent in the concept, in order to establish an insurable interest, there must be a legal, substantial financial relationship (such as partners in a company; banks and their borrowers, etc.) or an established familial connection/love and affection concern (between spouses, parents and children, grandparents/grandchildren, etc.).



How can you possibly convince me that WalMart had an insurable interest in a minimum-wage worker or assistant manager? They plug them in and out like I've been doing lately with video/sound/motherboards and power supplies in my piece of junk computer. Gimme a freakin' break. Evil or Very Mad



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PostPosted: Mon May 04, 2009 5:39 am   Post subject:   

Quote:
How can you possibly convince me that WalMart had an insurable interest in a minimum-wage worker or assistant manager?
Can't... which is why the law was changed/modified shortly after this came to light. While there is a "slight" argument for financial interest it's really nothing more then gambling.



I did some more research on getting unconcentual life insurance on a spouse. I did not find any info to show that it was not possible but I did read much info stating that it was at least difficult. I got the impression that if any carrier wrote this type of policy they were few and far between.
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PostPosted: Tue May 05, 2009 5:25 am   Post subject:   

Quoted from Oregon Statute:



Quote:
743.027 Consent of individual required for life and health insurance; exceptions. No life or health insurance policy upon an individual, except a policy of group life insurance or of group or blanket health insurance, shall be made or effectuated unless at the time of the making of the policy the individual insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases:

(1) A spouse may effectuate such insurance upon the other spouse.

(2) Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of or pertaining to such minor.

(3) Family policies may be issued insuring any two or more members of a family on an application signed by either parent, a stepparent, or by a husband or wife.

(4) A person may effectuate insurance that provides for the final expenses of an adult who is dependent upon the person for support and maintenance. [1967 c.359 §342a; 1991 c.182 §2]




Just about every state allows this from the states I have researched. I again will state that I certainly don't know everything, and I don't know every state's laws covering this.



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PostPosted: Tue May 05, 2009 5:27 am   Post subject:   

The last post that quoted Oregon law was mine. I was a doof and didn't sign in. Not the first time it's happened, and I'm certain it won't be the last.



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PostPosted: Tue May 05, 2009 9:08 am   Post subject:   

Quote:
(1) A spouse may effectuate such insurance upon the other spouse.




Hey Teacher, don't you think the laws have left a huge room for insurance frauds this way? If this provision remain available then curbing insurance problem would continue being a hardship.
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PostPosted: Tue May 05, 2009 9:56 pm   Post subject:   

The question isn't directed towards me, but this isn't a real issue. Except for small amounts of insurance, the insurance company is going to need the insured to prove their health. This can't be done without the knowledge of the insured.

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PostPosted: Tue May 05, 2009 10:57 pm   Post subject:   

Quote:
Hey Teacher, don't you think the laws have left a huge room for insurance frauds this way?
and maybe murder.. Rolling Eyes


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PostPosted: Wed May 06, 2009 5:16 am   Post subject:   

Simon says (I've wanted to say that for awhile now Smile )



Quote:
Hey Teacher, don't you think the laws have left a huge room for insurance frauds this way? If this provision remain available then curbing insurance problem would continue being a hardship.




And Lori said:



Quote:
and maybe murder..




and Insurance Expert said:



Quote:
Except for small amounts of insurance, the insurance company is going to need the insured to prove their health. This can't be done without the knowledge of the insured.




The proof of insurability and good health (not the same things) are required of almost all insureds these days, except for small amounts of insurance usually issued on younger people.



As far as murder is concerned, you cannot, by law, collect a death benefit through the commission of a felony and certain misdemeanor crime. So, if the beneficiary killed the insured or did a "murder for hire" routine, the carrier would delay paying the death benefit until any police investigation was completed. Now, that being said, I've seen carriers pay too quickly and have had to go after the beneficiary civilly in order to recover the death benefit funds that shouldn't have been paid due to this kind of situation. Good luck to the insurers on that one.



This is a great issue! Very Happy



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PostPosted: Wed May 06, 2009 7:07 am   Post subject:   

Rajivirdi....My question to you is why do you want to get an insurance without his consent...

U say he has some health problems... I am sure he understands the need for insurance as well..

Also that he's retired that means he doesnt fall in an age group where you can get insurance without medicals....

Because of medical tests involved, it is next to impossible to get an insurance without him getting to know about it..



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PostPosted: Wed May 06, 2009 10:22 am   Post subject:   

Yeah but gnp there are all kinds of companys that offer, no medical exam or questions, guaranteed insurance if over 60 blah blah, not high limits by any means, but enough for what she's wanting (final expenses)



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