Employment Law Questions? Ask an Employment Lawyer.
I am so sorry for your loss. I think you might have the basis for a claim based on your employer entering in the information incorrectly. However, it will be very difficult to say that was the cause of youru husband's passing under a wrongful death claim. I would suggest contacting an attorney who specializes in employment law or insurance matters.
It is very possible, but it will be very hard to prove. I'm happy to talk to you by phone and figure out how to proceed. We do not take clients on for representation but we can give general info as to legal issues.
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I can tell you that you definitely can sue UNUM for breach of contract for failing to provide the benefits of the life insurance proceeds. I can't see a reason why they would deny the life insurance benefits.
However, the health insurance is a little bit trickier. You would really only be able to sue your previous employer for negligence (potentially) for not properly signing your husband up for the health insurance as you had requested. If you are sure that they did, then your only cause of action would be against the insurer, but if they never took premiums for you, they can argue with ease that they were never supposed to provide coverage for your husband (unless of course, you have copies of the application along with proof that it was submitted to the insurance company).
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