Widow Sues Fidelity Over Husband's Life Insurance, Disputes Medical Examiner's Suicide Finding
The insurance carrier says the man killed himself after driving his car into a tree. The widow disputes that.
July 02, 2019 at 06:36 PM
3 minute read
The widow of an Old Lyme resident filed a lawsuit late Tuesday against Fidelity Life Association Insurance Co., claiming it failed to pay her $275,000 on an accidental-death policy after her husband died when his car hit a tree.
The crux of the case, according to New Haven solo practitioner John Keyes, is that Fidelity Life is refusing to pay on the policy because the state's Office of the Chief Medical Examiner ruled her husband's death on July 26, 2016, a suicide. If John Lavoie killed himself, the accidental-death policy would be void. Keyes is representing Noreen Lavoie, John Lavoie's widow.
But Keyes said he has proof the Office of the Chief Medical Examiner made a mistake. He said he's hopeful Noreen Lavoie will be able to receive the policy, plus $75,000 interest, for a total payout of $350,000.
A woman who answered the phone at the Office of the Chief Medical Examiner on Tuesday said they do not provide information to the media after 4:30 p.m. weekdays. The Connecticut Law Tribune called a little before 5 p.m.
John Buchanan, executive vice president and general counsel for Fidelity, did not respond to a request for comment Tuesday. No one answered the phone at co-defendant Concentrix Insurance Administration Solutions Corp.
“The company says the accident was no accident and that is why they are not paying,” Keyes told the Connecticut Law Tribune late Tuesday. “But, we have experts who will say he was breaking before his car hit the tree. In addition, he was wearing a seat belt and the speed was not excessive.”
Keyes continued: “To try to kill yourself by hitting a tree like they said he did does not make sense. Why would he wear a seat belt if he was going to kill himself? The failure risk on all of that is quite steep.”
John Lavoie, according to the lawsuit filed in the U.S. District Court for the District of Connecticut, took the death and accidental dismemberment insurance policy out in October 2015, nine months before his death. His widow was the sole beneficiary, according to the lawsuit. The suit also says the policy was kept current and up-to-date.
The defendants are Chicago-based Fidelity Life Association Insurance and South Carolina-based Concentrix Insurance Administration Solutions, which administers Fidelity policy claims.
The lawsuit seeks $350,000, which includes the $275,000 policy and interest.
Judge Victor Bolden is scheduled to hear the case.
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