Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Oshkalaboomboom

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.


4 posted on 04/28/2014 8:47:07 AM PDT by rjsimmon (The Tree of Liberty Thirsts)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: rjsimmon

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.


10 posted on 04/28/2014 8:54:47 AM PDT by cuban leaf
[ Post Reply | Private Reply | To 4 | View Replies ]

To: rjsimmon

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.


11 posted on 04/28/2014 8:55:30 AM PDT by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
[ Post Reply | Private Reply | To 4 | View Replies ]

To: rjsimmon
That should be precedent for this case.

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.

12 posted on 04/28/2014 8:55:31 AM PDT by Gay State Conservative (Stalin Blamed The Kulaks,Obama Blames The Tea Party)
[ Post Reply | Private Reply | To 4 | View Replies ]

To: rjsimmon
No, I agree with GSC here.

Those Guardsmen were rushing into danger.

This guy was on his own time, stupidly trying to fix a roof.

16 posted on 04/28/2014 9:00:21 AM PDT by wideawake
[ Post Reply | Private Reply | To 4 | View Replies ]

To: rjsimmon

I Don’t see the 2 situations as similar


19 posted on 04/28/2014 9:05:37 AM PDT by nuconvert ( Khomeini promised change too // Hail, Chairman O)
[ Post Reply | Private Reply | To 4 | View Replies ]

To: rjsimmon

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.


26 posted on 04/28/2014 9:15:14 AM PDT by NEMDF
[ Post Reply | Private Reply | To 4 | View Replies ]

To: rjsimmon
That should be precedent for this case.

No it shouldn't! He wasn't injured in the line of duty, he was injured while working on his mother's roof.

36 posted on 04/28/2014 9:39:15 AM PDT by LambSlave
[ Post Reply | Private Reply | To 4 | View Replies ]

To: rjsimmon

“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.”
*******************************************************************

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.


41 posted on 04/28/2014 10:03:54 AM PDT by House Atreides
[ Post Reply | Private Reply | To 4 | View Replies ]

To: rjsimmon

No not at all. Nowhere near the same thing.


43 posted on 04/28/2014 10:04:45 AM PDT by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
[ Post Reply | Private Reply | To 4 | View Replies ]

To: rjsimmon

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.


59 posted on 04/29/2014 7:34:54 AM PDT by FBD
[ Post Reply | Private Reply | To 4 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson