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Loren, Attorney
Category: Legal
Satisfied Customers: 34472
Experience:  30 years experience representing clients.
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I am only beneficiary on term life insurance policy. There

Customer Question

I am only beneficiary on term life insurance policy. There are 3 sons , I need hippa authorization and they will not give it. How can I obtain it . Do I have any options?
JA: What state are you in? It matters because laws vary by location.
Customer: Oklahoma
JA: Has anything been filed or reported?
Customer: I have filed a claim. On death certificate one son is listed as informant.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The death was result of a fire. It is obvious cause of death. Why do they need those?
Submitted: 5 months ago.
Category: Legal
Expert:  Loren replied 5 months ago.
Good morning. I am Loren, a licensed attorney, and I hope to answer your question.
Expert:  Loren replied 5 months ago.
Unless there is some provision in the policy requiring the HIPAA release, or there is something the insurance company believes ties you to the cause of death and they are investigating that, there is no reason to place that obstacle in your path to delay the payout of benefits.
Expert:  Loren replied 5 months ago.
You may want to retain an attorney to write a letter demanding payout of benefits under threat of litigation for fraud. That may motivate some compromise by the insurance company. Also, a complaint to the state insurance commission may also provide some traction.
Expert:  Loren replied 5 months ago.
Unfortunately, Oklahoma does not recognize third party claimant bad faith claims. So, that remedy is not available to you and you will need to pursue a common law fraud claim.
Expert:  Loren replied 5 months ago.

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