A similar situation happened with several National Guardsmen a while back that were called to Active Duty. They all signed their SGLI forms (life insurance) and submitted them to their S-1 (admin) on the same day that they shipped off to Iraq. Their aircraft suffered a mishap and all perished. The court ruled that their intent was to be insured and therefore their spouses received the SGLI. That should be precedent for this case.
I agree with the decision in this case. However, if, lying on the ground and dying, one of them trys to get insurance, I think his lying there bleeding to death should be considered a “pre-existing condition”.
Rushing to get any type of insurance on someone who is in the throes of death is unethical.
Not the same. They signed and submitted their life insurance paperwork to be covered on active duty... and then died on active duty before all “technical” requirements had been met. There is such a thing in the insurance industry of “constructive receipt” that says a reasonable person would assume they were covered if they had fulfilled all that was required of them to be covered.
In this case, the family is entitled to a death benefit. What they (and the department) tried to do was arrange a switch to get the officer’s family a higher benefit on the backs of the taxpayers. There was no line of duty injury and no medical retirement... they just tried to make it look on paper like there was.
I have a great deal of sympathy for their situation... but none for their attempt to milk the system.
Nope...nope...NOPE.Apples and oranges.Those Guardsmen,first of all,were heading into combat.This guy was fixing a roof.Second,those Guardsmen were **ON DUTY**.This guy wasn't.Yes,the Guardsmen absolutely should have gotten that money.And if the cop was on duty,I'd be willing to overlook the technicalities regarding filing deadlines,etc and give his widow the money.
But the guy was off duty.In such a case,rules are rules.No money for the widow.
Those Guardsmen were rushing into danger.
This guy was on his own time, stupidly trying to fix a roof.
I Don’t see the 2 situations as similar
If he only lived 3 hours after the fall, I am guessing (maybe incorrectly) that he was not conscious or able to sign things or communicate. If that is the case, he would not have had any intent, on his own, to sign up for the disability benefits. Also, there is quite likely a waiting period of hours to days that he would have to meet, after the injury event, before he would be actually eligible to receive benefits. His death just 3 hours later may not have allowed him to meet the waiting period.
No it shouldn't! He wasn't injured in the line of duty, he was injured while working on his mother's roof.
“A similar situation happened with several National Guardsmen a while back that were called to Active Duty. They all signed their SGLI forms (life insurance) and submitted them to their S-1 (admin) on the same day that they shipped off to Iraq. Their aircraft suffered a mishap and all perished. The court ruled that their intent was to be insured and therefore their spouses received the SGLI. That should be precedent for this case.”
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It is NOT a precedent. They signed up for LIFE INSURANCE and then later died in a plane crash—the “peril” for which SGLI insures. The State Trooper had life insurance which paid off when he lost his life—his fellow troopers and his family were simply trying to scam the taxpayers out of some undeserved benefits.
No not at all. Nowhere near the same thing.
You can’t apply for disability insurance coverage for someone else, especially after a fatal injury. These troopers and his wife have committed fraud. They should be charged, and given a trial, not excused.