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Mohinder Singh Kamboj   09 January 2023

Can a divorced wife claim insurance claim proceeds as a nominee?

Can a divorced wife claim insurance proceeds as a nominee appointed by the Life Assured during his lifetime? Later, they divorced, but the husband forgot to change the nominee. Now, after his death, the divorced widow is claiming the life insurance proceeds. need clarification and case law, please.



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 4 Replies

Dr J C Vashista (Advocate)     10 January 2023

Being nominee of insured she can claim from insurance.

However, nominee is just a custodian of the estate / funds left behind by deceased, which nominee has to pass (handover) over to legal representative(s) of deceased person.

Advocate Bhartesh goyal (advocate)     10 January 2023

Yes, even divorced wife if she is nominee can claim insunance of deceased insured but she has to disburse the insurance claim amount to legal heirs of deceased insured.

Mohinder Singh Kamboj   10 January 2023

Does the nominee has not to pass the scrutiny of being a legal nominee. In insurance only the person having insurable interest in the life assured can become a nominee. A stranger cannot be a nominee. A divorced women is a stranger in such condition. A nominee in banking regulations and insurance is different legal status. In banking a nominee can get the amount that already has been invested. But in insurance a premium of Rs.10000 can fetch a policy of one crore. Such a large incentive will.lead to criminal activities and is as such against public policy. To me a wife nominated as a legal.nominee in insurance should continue to hold insurable interest throughout. Meaning thereby if she is divorced and.living separately will loose her right as a nominee in an insurance policy.

Dr J C Vashista (Advocate)     11 January 2023

Originally posted by : Mohinder Singh Kamboj

Does the nominee has not to pass the scrutiny of being a legal nominee. In insurance only the person having insurable interest in the life assured can become a nominee. A stranger cannot be a nominee. A divorced women is a stranger in such condition. A nominee in banking regulations and insurance is different legal status. In banking a nominee can get the amount that already has been invested. But in insurance a premium of Rs.10000 can fetch a policy of one crore. Such a large incentive will.lead to criminal activities and is as such against public policy. To me a wife nominated as a legal.nominee in insurance should continue to hold insurable interest throughout. Meaning thereby if she is divorced and.living separately will loose her right as a nominee in an insurance policy.

The nominee was appointed at the time of taking insurance policy when the marriage of nominee was intact (before divorce) hence she is not a stranger and it is a valid nomination.

LRs of deceased (insured) has to file a suit for succession before competent civil court claiming the amount of insurance received by nominee (since stated to have been divorced widow).


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