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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25451
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My friend died he signed over insurance policy co I could bury

Resolved Question:

My friend died he signed over insurance policy co I could bury him. But he has spelt my name wrong and they won't pay out what can I do
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask what kind of insurance policy it is - e.g. a life insurance policy, funeral plan policy etc?
Customer: replied 2 years ago.
I think it was a life insurance policy I am waiting for somebody to get back to me with the details
Expert:  Joshua replied 2 years ago.
Thank you. Did he include your address when signing over the policy? Is it clear on the balancce of probability that it was you he intended to sign the policy over to you?
Customer: replied 2 years ago.
Life cover policy with scotish widows
My name is ***** ***** but it was spelt thousand
Expert:  Joshua replied 2 years ago.
Thank you. Did he specify your address on the assignment document?Do you have any other evidence that the policy was intended to be signed over to you?
Customer: replied 2 years ago.
I Have wrote to them to see if my address was specified waiting to hear
Expert:  Joshua replied 2 years ago.
Thanks. Would you like me to explain the position either way or would you prefer to wait until you hear back?
Customer: replied 2 years ago.
Explain either ways
Expert:  Joshua replied 2 years ago.
thank you. the issue here is that the difference in spelling of your surname is ***** ***** - i.e. a small typo. Rather it is radically different and therefore on the basis of the name alone, it is not obvious that he assigned the policy to you. If there was just a letter or two out it would be more straightforward but given the amount of difference, further evidence is likely to be required that it was your friends intention to assign the policy to you as opposed to somebody else. Ideally, he would have included your address in his instructions for assignment to the insurer which will make it clearer that he intended the assignment to go to you. If he has, you should have the basis of a relatively clear claim against the policy and could do so initially by contacting the insurer to raise a complaint and if you are not satisfied with the response, to refer the complaint to the financial ombudsman service free of charge for an independent determination of your claim. if he has not included your address in the assignment, you may need to look for additional evidence to support the claim that the policy was assigned to you. For example, you may have correspondence from your friend or you may have statements you could attain from family or relatives or other close friends who are familiar with the expression of his intentions in this respect. You can then consider proceeding in the same way as above by raising a complaint with the insurer and if not satisfied, referring the matter to the financial ombudsman service http://www.financial-ombudsman.org.uk/consumer/complaints.htm you are not bound by the financial ombudsman's decision though the insurer will be. If you are not satisfied with the decision of the financial ombudsman and believe you can show on the balance of probability that you are the intended assignee for the policy then you have the right to make an application to the court for an order to determine that you were the intended signee for the policy. You can make such an application to the court using the following form: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424 I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.