LEGAL QUESTION Opinions please (What would U do?)

[Rick Myers]

I'm 47 and live in Minnesota, and apparently my mother wanted to update an insurance policy she's carried on me since birth.

Two agents came to my mom's home in Youngstown, Ohio last week and prepared a new policy. At the point they needed MY signature, my mother said she would send it to me in Minneapolis and I'd return it.

They asked HER to SIGN MY NAME!!!

She refused, so one of the agents COPIED my signature from another document!

I'm assuming this is insurance fraud under some part of ORC 2913.47.

I am FURIOUS that representatives of a major corporation would take advantage of an elderly woman, and WILLFULLY forge my name to a legal document.

Do I have a case?

[Book Lover]

1. Please seek legal advice from lawyers

Although it sounds as if the agent committed forgery and that your mother was an actual witness to it, please consult with a lawyer right away, especially as this is a life insurance policy (meaning that were the most unfortunate thing to happen, you wouldn't be around to discuss the issue.)

[Debi]

2. You certainly have reason for a complaint

and a request for a review or suspension of their licenses.

[Starlight]

3. yes you do n/t

You can file a complaint against the agent here:

http://www.ohioinsurance.gov/agent/enforcement.htm

If you can afford it, I'd recommend discussing this with an attorney.

[Worst Username Ever]

4. That is 100% fraudulent.

You need an attorney (I won't be one for a couple years yet, hehe). I am a licensed insurance and securities agent in MN though and there are few things they go over more in classes that the penalties for forgery. They are in a shit storm of trouble if you can prove fraud. Call the Ohio Department of Commerce and ask them what you should do.

[xray s]

5. And these are the type ofpeople Bush wants to turn Social Security over to

:grr:

[democracyindanger]

6. More than just insurance fraud

Seems like it would break general laws on legal documents, too.

[Rick Myers]

7. Thanks everyone!!!

I've contacted a pair of attornies in Ohio and also asked the firm to provide me with a copy of the document I allegedly signed!!!

Yeah, this is the bunch we are to give our futures over to via the Bush SS plan!!!! WTF!!!!!!!!

[punpirate]

8. The very important point in this...

... is that a forged signature on the policy could invalidate it in the event of your death, and therefore, simple payment of premiums would not keep the contract in force.

Guess who benefits from such? Only the insurance company.

[Rick Myers]

9. Very good point!!!

These two were serious boneheads and they picked the WRONG name to forge... I will be pursuing legal action!!!

Thanks to all!!!

[Debi]

11. I don't want to sound crass..

Because I think you have great facts for fraud and forgery.

But what damages have occured? What personal legal recorse do you have?

I understand going after the jerks and getting their licenses suspended and maybe even criminal charges against them, but beyond that what do you want?

[Rick Myers]

13. I don't KNOW what I want, but I want these people punished

This IDIOT FORGED my signature in front of my mother, thinking she was pretty smart (the agent). It is a crime.

And they could EASILY not pay on the policy if I was to die! WTF?

I want BOTH to lose any licenses and the one that did the forgery to do a little time. Class 4 felony in the State of Ohio per ORC.

[Debi]

15. That works for me..

:thumbsup:

[redqueen]

10. That's the first thing that I thought...

setting up to decline the claim.

Evil, evil, evil.

[Left Is Write]

16. Good point, unless it can be proven that

a representative of the insurance company was the one who did the forgery. They don't win, then.

To the OP: talk to a lawyer ASAP.

[punpirate]

17. Usually...

... exposure in such matters is long after the fact, making it a matter of conflicting testimony. Also, even if the forgery is done by a representative of the insurance company, the OP's mother's signature to the contract could be construed as acquiescence, if it were made concurrent with or after the forged signature.

At any rate, forgery in such instances can often invalidate the contract when it is presented for payment by any number of parties.

An example of this would be an instance where, say, an insurance agent forged the client's signature to create the contract when none was desired. An independent agent I worked for in the `70s did just that in order to fraudulently obtain policy fees from the major insurers he represented. In that case, the agent had used my signature and those of other agents to create the policies for people who had submitted lead cards long after I'd left his agency. I didn't know about it until years after I'd left the agency, and the only way I knew was that one of the major insurers had sent registered mail to my parents' address, instructing me not to write any more policies for that agent.

Forgery of any kind on an insurance policy invites invalidation.

And, yes, your advice to the OP to talk to a lawyer is spot-on.

Cheers.

[Floogeldy]

12. What happened to all of the cash accrued with the old policy?

?

I'm glad you have called attorneys.

B-)

[Rick Myers]

14. I don't know

I'm going to give my mom a call tomorrow. But I have access to some good legal help in Ohio...

[DawgHouse]

18. Good luck!

The thing is if the agent did this so boldly in front of a witness, there's no telling how many times she's done it when nobody was looking. She definitely needs to lose her job.

I hope you'll post an update later.