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Does the Texas - Intercept of Insurance Claims requirement…

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Does the Texas - Intercept...
Does the Texas - Intercept of Insurance Claims requirement , apply to credit insurance claims where the amount payable upon death is used to pay off a loan/debt for an automobile or a mortgage debt? typically, these claims do not have a beneficiary named because their sole intent is to either reduce or pay off a loan.
Submitted: 8 years ago.Category: Legal
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Answered in 7 minutes by:
6/25/2010
Lawyer: Dwayne B., Attorney replied 8 years ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Can you provide a few more facts about your specific situation?
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Customer reply replied 8 years ago

 

 

Exactly what kind of facts are you requesting?

 

This rule in regards XXXXX XXXXX where back child support is due.

 

This question relates to TEXAS Rule 1 TAC 55.601+

 

Our document indicates that this applies to: XXXXX and Annuity Claims

 

Because this brief description can be interrpreted differently, we want to be sure we are applying it to all of the appropriate products.

 

 

Lawyer: Dwayne B., Attorney replied 8 years ago
Are you sure the correct cite is TAC 55.601?
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Customer reply replied 8 years ago

 

I apologize for the mix-up.

Please see TX Rule RAC Sec 55.601+

 

Regarding scope, please see (b) states that "claims" to be reported are claims involving personal injury, personal damages, workers compensation, wrongful or accidental death and claims by life insurance beneficiaries.

 

Thank-you!

Lawyer: Dwayne B., Attorney replied 8 years ago
I'm not familiar with RAC either. What is the name of the code, ie insurance code, property code,etc.? If you're relying on a code section I need to be able to find it.
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Customer reply replied 8 years ago

INsource on the Web


Texas
Insurance Related Regulations
TITLE 1. -- ADMINISTRATION...Part 3. Office of the Attorney General...Chapter 55
-- CHILD SUPPORT ENFORCEMENT...Subchapter M. Intercept of Insurance Claims
1 TAC s 55.601
Scope
(a) Section 231.015 of the Family Code requires the Child Support Division of
the Office of the Attorney General, in consultation with the Texas Department of
Insurance and representatives of the insurance industry, to operate by rule a
program whereby an insurer shall cooperate with the Child Support Division in
matching the names of insurance claimants with the names of obligors who owe
past-due child support. When such an individual is identified, the Child Support
Division will file a child support lien or withholding order on the claim to
secure the payment of past-due support. This subchapter explains how the
matching process and the lien process work.
(b) As used in this subchapter, "claims" to be reported are claims involving
personal injury, personal damages, workers compensation, wrongful or accidental
death, and claims by life insurance beneficiaries. Claims involving only
property damage or payment of actual medical costs need not be reported.
(c) All insurers doing business in Texas, including, but not limited to
domestic, foreign and alien companies, self-insurers, and surplus line insurers,
are subject to the reporting requirements. All insurers shall report all claims
in which the policy was issued in Texas or in which the claimant resides in
Texas and are encouraged to report all claims regardless of the State where the
claim arises or is filed. As used in this subchapter, the term "insurers"
includes all "agents" and "administrators" employed by or associated with the
insurer.
Authority - Texas Family Code § 231.015(a)
©2010 CCH INCORPORATED A WoltersKluwer Company


*************** END DOCUMENT ***************

Lawyer: Dwayne B., Attorney replied 8 years ago
Okay, got you now. Under that section I would think that claims by life insurance beneficiaries would cover the credit life scenario so it would have to be reported. Claims where the money is being paid directly to the lender would not be because a lender can't have a child support obligation.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

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Customer reply replied 8 years ago

 

Thank-you for your response, however your response is a bit confusing.

Credit Life Insurance is only available at the time an individual is taking out a loan. It is decreasing term of insurance and is based on the amount of loan/debt. The purpose of credit life insurance is to pay off the loan if the insured dies before they have the loan paid off.

Thank-you for your opinion.

Lawyer: Dwayne B., Attorney replied 8 years ago
I'm familiar with credit life but since it isn't directly covered by the statute you have to look to see what it most closely resembles and that would be life insurance. I may have misunderstood your question, I understood you to be asking how is credit life classified if it is still in effect but the benefits are to be paid to a person rather than a lender. Is that not correct?
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Customer reply replied 8 years ago

 

Credit Life Insurance benefits are paid directly to the lender to apply to the loan that was connected to at the time of application.

Lawyer: Dwayne B., Attorney replied 8 years ago
I understand. Maybe we should start over. Are you asking if the intercept law applies to stop the payment of benefits to the lender and they go to the child support instead?
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