PrivClientSG
Guru
- 325
First, unless people here are practicing attorneys, there shouldn't be all this bantering and bickering about "the law" and "legal" and so forth. Second, I can't speak to Indiana specifically, nor does anyone have to at this point, however, I would make sure that your letter/correspondence, and all of the documentation you sent, was specifically sent to Amy Beard. She is the Indiana Department of Insurance Commissioner. Not that it means anything, but two things. One, I heard her speak and was impressed with her knowledge, approach, mindset, etc. Second, while people may discount this, every single matter I've ever had with any State DOI, started with the Commissioner. Every attorney involved, every expert involved, and in my professional opinion and experience -- every single person said, "Start with the Commissioner." No, it won't live and die there, won't stay there permanently, etc. -- but that doesn't matter. Start with the Commissioner. Period.
Commissioner Beard was an Administrative Law Judge (ALJ), was the Chief Deputy Commissioner and General Counsel for the Department, and she also worked with NAIC and IIPRC. I would also speak with an attorney (and you have to decide whether or not it's financially feasible) who might want to author the letter, but can certainly cut through a great deal of the red tape,bureaucracy, and BS, you might face.
That said, yes, insurance companies do have obligations (legal and otherwise) as to responsibilities, and up to a point, this is one of them. However, at a certain point, you will have responsibilities to. I won't speak to burden of proof issues, who has what, who has more, and so forth -- because only a lawyer can speak to that and have a qualified opinion or statement of fact, if possible.
If you document everything possible that you have, I believe at some point, the DOI will advocate for you, and you can hopefully get accountability -- which is what you are looking for -- and some answers.
One last note -- I do think it's possible that this was a "paid up" or "endowed" policy, where the monies were "paid out" so to speak. Good luck and all the best!
Commissioner Beard was an Administrative Law Judge (ALJ), was the Chief Deputy Commissioner and General Counsel for the Department, and she also worked with NAIC and IIPRC. I would also speak with an attorney (and you have to decide whether or not it's financially feasible) who might want to author the letter, but can certainly cut through a great deal of the red tape,bureaucracy, and BS, you might face.
That said, yes, insurance companies do have obligations (legal and otherwise) as to responsibilities, and up to a point, this is one of them. However, at a certain point, you will have responsibilities to. I won't speak to burden of proof issues, who has what, who has more, and so forth -- because only a lawyer can speak to that and have a qualified opinion or statement of fact, if possible.
If you document everything possible that you have, I believe at some point, the DOI will advocate for you, and you can hopefully get accountability -- which is what you are looking for -- and some answers.
One last note -- I do think it's possible that this was a "paid up" or "endowed" policy, where the monies were "paid out" so to speak. Good luck and all the best!
