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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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Hi I am not sure if there is anything I can do or not so I

Customer Question

Hi I am not sure if there is anything I can do or not so I thought I would ask for someones advice. My Dad passed away in May, he was not sick or anything he was fine at 5am and gone at 7am, we had an autopsy done and the cause of death is actue thrombosis of the rt coronary artery so he had a blood clot. We were told by the Dr. performing the autopsy that even if he was at the hospital he would have still passed that there are no symptoms. The death cert diag lists the cause of death as arteriosclerotic cardiovascular disease bc when the paramedics came that am they called into the examiners office that he was overweight and smoked, so the more I am reading into it it seems as if that is a common diag that is given to people. I feel the state of Illinois should change the diag but as I also found out the examiners diag over rules an autopsy which I think is not right. I still cant understand how someone who hs never seen anyone let alone treat someone that they can put whatever they want down. Sorry this is so long so anyhow my Dad always thought he had insurance through the house that the bank would take $50,000 off what is owed but after talking to the bank they say no that he had to die from an accident the examples they gave me were if he had got hot by a truck or fell off a ladder they would but he was sick, here is what I am having a hard time understanding the loan provision states that it is accidental death ins and says that an accident is an unplanned event, unexpected and undesigned, which occurs suddenly and at a definate place. it then goes on to say that they are subjuect to the following exclusions:
Death resulting from disease, sickness, bodily or mental infirmity, or medical or surgical treatment of same;
Death resulting from suicide while sane or insane
Death resulting from intentionally self-inflicted bodily injury while sane or insane or
Death resulting from war or act of war, whether declared or undeclared

The autopsy report reads the patient was a 54 yr old man who died suddenly and unexpectedly at home. I was told that doesnt matter again that the ins he pd for will not cover this. My Dad did not have a pcp bc he was never sick, he has never been to the er, never treated at a clinic for any condition, and never been on any medication besides the occasional ibuprofen. He did have rotator cuff surgery in I believe 2004 so there will be records of that but nothing else, if someone can prove to me that my Dad was disease ridden or deathly ill I could understand this.
and theoretically the reason why anyone passes is a medical condition. The autopsy report does say a contributing cause was bc of the coronary arteriosclerosis but again the Dr and a Dr who is a friend of mine said that even if the artery that was clogged was cleared out that clot still would have formed and the clot was in an artery that haad 0% blockage so am I just out of luck with everything?? Thanks in advance
Submitted: 3 years ago.
Category: Legal
Expert:  NateLawAnswers replied 3 years ago.
Thank you for your question and welcome to JustAnswer.com.

I am truly sorry for your situation and your dad's death. Are you asking if you have a lawsuit based on your dad's passing?
Customer: replied 3 years ago.
I am just wondering if I have any case against the bank to see if I can get the money taken off of the loan
Expert:  NateLawAnswers replied 3 years ago.
That depends on the terms of the policy. You need to review those first. If you feel the insurance company is not honoring the policy, you need to make a complaint to the commissioner of insurance. You can do that here

http://www.insurance.illinois.gov/complaints/file_complaint.asp

As always, I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question. Of course, if you really liked what I could help you with, please consider a Bonus, too!

Thanks!

Nathan
Customer: replied 3 years ago.

What I wrote were the terms of the TCF Command Protection Loan provision and I was wondering how his death doesnt follow with what they say is an accident when I have an autopsy report showing he did pass suddenly and unexpecdly

Expert:  NateLawAnswers replied 3 years ago.
That's why you need to bring the state into this. If you think the facts fit the coverage, you need the insurance commissioner to step in on your behalf.
Customer: replied 3 years ago.
I was really hoping for a lawyers opinion before I do that, I would figure someone would know the legal aspect of what TCF banks accidental death waiver reads and what happened if it would be/should be covered or not
Expert:  NateLawAnswers replied 3 years ago.
Get the policy first. I cannot provide any guidance not knowing precisely what the policy states.
Customer: replied 3 years ago.

If you elect to purchase the TCF Command Protection Loan provision, these terms and conditions are inclused as part of the terms of youe agreement.

Accidental Death Waiver : For the monthly feee shown on pg 7, TCF will waive your indebtedness (up to $50,000) owing under the sgreement upon death resulting directly, and independently of all other causes from an accident. An accident is an unplanned event, unexpected, and undesigned, which occurs suddenly and at a definate place. the monthly fee will not be waived (it will be due) during any deferment period for the deferment events described below. A TCF command protection loan provision is not available on unsecured or non-real estate secured loans or on non real estate secured loans with an original principal amount of $10,000 or less.

 

We agree to waive the entire remaining outstanding balance you owe to us under this agreement as of the date of your accidental death, up to maximum amount of $50,000 (this is the maximum waiver under this provision, even if you purchase a joint provision for both borrower & co borrower), in the event of your accidental death subject to the limitations stated in this TCF Command Protection Loan provision, The TCF Command Protection Loan provision is also subject to the following exclusions:

 

death resulting from disease, sickness, bodily or mental infirmity, or medical or surgical treatment of the same

death resulting from suicide while sane or insane;

death resulting from intentionally self-inflicted bodily injury while sane or insane; or

death resulting from war or act of war, whether declared or undeclared.

 

Waiver means that the indebtedness is no longer due to TCF. No payments are made to you or any other prty. You, your estate, or heirs may incur a federal, state and/or local income tax as a result of the waiver of indebtedness. You should consult your tax advisor.

Expert:  MShore replied 3 years ago.
Thank you for the post, I am happy to assist you by answering your questions. It appears the other Expert has opted out. I too am sorry to learn of your father's passing. T answer your question, your father's death would not be considered an accident as there was no external force or occurrence that lead to his death. By external force I am referring to a car collision, hit by a train, falling from a building unintentionally, etc. Please let me know if you need additional guidance on this point.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
MShore and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for taking the time to help & reply to the post, not the answer I was hoping for but the answer I need. I think its not fair that they will only cover if you fell or got ran over etc ,but not cover for instance someone like my Dad & I wouldnt even be questioning it if my Dad was ever sick like I posted earlier fine at 5 am & gone at 7am that to me is an accident but apparently not to the bank. I can only imagine all the people out there who think they are covered, what a rip off. Thank again L
Expert:  MShore replied 3 years ago.
Thank you L, and I wish the answer was different.Please remember to click Accept if I answered your questions.

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