Florida Slayer Statute Life Insurance Lawsuit

Florida Slayer Statute and Life Insurance Claims | Law Offices of Jason Turchin

Life insurance policies are designed to provide financial support to beneficiaries after the policyholder’s death. However, not every claim is straightforward. Florida’s Slayer Statute is a unique legal provision that prevents certain individuals from benefiting from a life insurance policy. Specifically, if the beneficiary is responsible for the policyholder’s death, they are disqualified from receiving the life insurance proceeds. This can lead to complex legal challenges, especially when disputing a claim or contesting a beneficiary’s entitlement.

At the Law Offices of Jason Turchin, we have experience handling life insurance disputes, including those involving the Florida Slayer Statute. If you believe a life insurance claim should be challenged under this law or you’re involved in a policy dispute, we can help. Contact us today for a free consultation at 800-337-7755 or via live chat. We work on a contingency basis, meaning you only pay legal fees if we win or settle your case.

What Is the Florida Slayer Statute?

The Florida Slayer Statute is a legal rule that blocks anyone from receiving life insurance benefits if they intentionally caused the insured’s death. This law helps prevent individuals from profiting through wrongful acts. The law is designed to prevent individuals from profiting from their wrongful acts. The statute applies when a beneficiary intentionally and unlawfully causes the policyholder’s death. In those cases, the beneficiary is barred from receiving life insurance benefits.

Under Florida Statutes § 732.802, a person who unlawfully and intentionally kills the policyholder is treated as if they had predeceased the decedent. In other words, they are disqualified from receiving the life insurance proceeds. Depending on the policy’s terms, the benefits may go to contingent beneficiaries or be paid to the estate.

Key elements of the Florida Slayer Statute include:

• Intentional Killing: The killing must be intentional and unlawful. Accidental deaths or deaths caused by negligence generally do not trigger the Slayer Statute.
• Criminal Conviction: In many cases, a criminal conviction for murder or manslaughter is sufficient to disqualify the beneficiary. However, a conviction is not always necessary. A civil court can determine that the beneficiary unlawfully caused the death using a ‘preponderance of the evidence’ standard. This is a lower burden of proof than what’s required in criminal court.
• Disinheritance: When a beneficiary is disqualified, the law treats them as if they died before the insured. As a result, they cannot receive any portion of the life insurance benefits.

How to Challenge a Life Insurance Claim Under the Florida Slayer Statute

Challenging a life insurance claim under the Florida Slayer Statute can be complex. It often requires a thorough investigation and a strong legal strategy. If you believe a beneficiary unlawfully caused the policyholder’s death, you may have grounds to challenge their claim. You can take legal action to prevent them from receiving the life insurance proceeds. Here’s how the process typically works:

1. Investigating the Death: The first step in challenging a life insurance claim is to investigate the circumstances of the policyholder’s death. This may involve reviewing police reports, medical records, and any criminal proceedings against the beneficiary. If the death is suspicious, or if the beneficiary has been charged or convicted of causing it, you can challenge the life insurance claim. You may have the right to dispute the payout on that basis.
2. Filing a Civil Lawsuit: Even without a criminal conviction, you may still be able to challenge the beneficiary’s claim in civil court. In Florida, civil courts can apply the Slayer Statute based on a “preponderance of the evidence” standard, meaning it is more likely than not that the beneficiary unlawfully caused the death. A life insurance lawyer can help you file a lawsuit to challenge the claim and present evidence to support your case.
3. Presenting Evidence: To successfully challenge a life insurance claim under the Slayer Statute, you must present evidence. That evidence should show the beneficiary intentionally and unlawfully caused the policyholder’s death. This may include witness testimony, forensic evidence, and documentation from any criminal or civil proceedings related to the death.
4. Court Decision: If the court disqualifies the beneficiary under the Florida Slayer Statute, it treats them as though they died before the policyholder. The court will then decide who should receive the life insurance benefits, whether it’s a contingent beneficiary or the policyholder’s estate.

Examples of Florida Slayer Statute Life Insurance Disputes

Florida courts have applied the Slayer Statute in numerous life insurance disputes, many involving complex and emotionally charged circumstances. Below are a few examples of situations where the Slayer Statute may come into play:

• Spouse Accused of Murdering the Policyholder: In many cases, a spouse is named as the primary beneficiary of a life insurance policy. If that spouse is accused or convicted of murdering the policyholder, you can challenge their claim to the life insurance proceeds under the Florida Slayer Statute. Even without a criminal conviction, a civil court may still disqualify the spouse from receiving benefits if there is enough evidence of wrongdoing.
• Domestic Disputes Leading to Death: Domestic violence incidents that result in the death of the policyholder can lead to life insurance disputes. If a beneficiary caused the policyholder’s death during a violent altercation, the Florida Slayer Statute may disqualify them from receiving any life insurance benefits.
• Family Members Involved in Suspicious Deaths: In some cases, life insurance policies name other family members—such as children or siblings—as beneficiaries. If a beneficiary was involved in the policyholder’s death and acted unlawfully, you can challenge their right to the benefits under the Florida Slayer Statute.

Contesting a Life Insurance Claim in Florida

Beyond the Slayer Statute, there are other grounds for contesting a life insurance claim in Florida. These may include cases where the insurance company has denied a claim based on allegations of misrepresentation, policy exclusions, or lapses in coverage. If you believe a life insurance claim was wrongfully denied or that a beneficiary’s claim is invalid, you may have the right to file a lawsuit to challenge the decision.

Common reasons for contesting a life insurance claim include:

• Misrepresentation: The insurance company may claim that the policyholder misrepresented important information on their application, such as their health status or lifestyle habits. If the insurer uses this as a reason to deny the claim, beneficiaries may challenge the denial in court.
• Policy Exclusions: Some life insurance policies have specific exclusions, such as for deaths related to certain activities or conditions. If the insurance company denies a claim based on these exclusions, beneficiaries have the right to dispute the denial. They can do so if they believe the exclusion does not apply.
• Beneficiary Disputes: Family members or other interested parties can contest a beneficiary designation if they believe someone coerced or manipulated the policyholder. They can also challenge it if they believe the beneficiary is otherwise unfit to receive the benefits.

How a Florida Life Insurance Lawyer Can Help

Challenging a life insurance claim under the Florida Slayer Statute or other legal grounds can be complicated. You need skilled legal representation to navigate the process effectively. At the Law Offices of Jason Turchin, we have experience handling life insurance disputes, including cases involving the Slayer Statute. We can guide you through the legal process and protect your rights.

We can assist with:

• Investigating the Death: Our team can thoroughly investigate the circumstances of the policyholder’s death. We can gather the necessary evidence to support your challenge.
• Filing a Lawsuit: If you need to challenge a life insurance claim, we can help you file a lawsuit in civil court and represent your interests throughout the legal process.
• Presenting Your Case: Whether your case involves the Florida Slayer Statute or another reason for contesting the claim, we can try to build a strong case on your behalf, presenting evidence and arguments to support your position.

Contact Our Florida Life Insurance Lawyers

If you believe someone should be disqualified from receiving life insurance benefits under the Florida Slayer Statute—or for any other reason—you may be able to challenge the claim. The Law Offices of Jason Turchin can help you take legal action. We offer free consultations to discuss your case. You won’t pay any legal fees or costs unless we win or recover a settlement for you.

Call us today at 800-337-7755 or use our live chat to speak with an agent. We’re here to help you navigate the complexities of life insurance disputes and fight for the benefits you deserve.