Following a federal judge’s ruling, AIG (American General Life Insurance Company) will be forced to go to court in what has been termed a ‘convoluted’ case involving the authenticity of a life insurance policy taken out on behalf of recently deceased Germaine ‘Suzy’ Tomlinson.
Southern Indiana District Judge Sara Evans Barker ruled against the life insurer which was seeking a summary judgment against those attempting to secure a claim. Instead she decided that the case warranted further legal consideration in the form of a trial.
AIG Voids Policy Claiming Authenticity is “Questionable”
AIG who has voided the controversial policy, claims that the authenticity of the life insurance taken out on behalf of Ms Tomlinson by a friend and associate, J.B. Carlson, is questionable. The life insurer asserts that he (Carlson) “procured the policy by improper and fraudulent means” and that the policy was “procured on individuals for whom there was no insurable interest.” Geoffrey Vanderpal, an independent life insurance agent was the driving force behind the proceedings, according to court records.
Defendants Attempted to Sell Life Policy on Stranger-Oriented Market
Apparently Carlson and his co-defendants were attempting to sell the policy on the stranger-oriented life insurance market when Suzy Tomlinson died, which stopped them in their tracks. Judge Barker stated that she believed that the lawsuit had been brought against Carlson, Vanderpal and other defendants because there was a belief that they had duped Ms Tomlinson into obtaining a huge life policy without them having any insurable interest – in order to collect a sizeable profit by selling the policy in the secondary market.
Spokesman for AIG, Mark Herr responded to Judge Evans Barker’s decision to bring the case to trial by saying, “We believe that this policy was obtained by fraud” and that “the order gives us the opportunity to prove that at trial.”
Deceased’s Daughter Steps into the Fray
However the case has become even more complicated for AIG, with the arrival of Ms Tomlinson’s daughter Tomisue Hilbert on the scene. She is acting on behalf of the Tomlinson estate and argues that the life policy should be honored but the proceeds should be paid to the estate. According to the Hilbert spokesperson “American General issued the policy for its own gain and anticipated profit, and accepted substantial premiums for the insurance of the policy without due regard to sound underwriting policies or procedures.” Tomisue Hilbert only learnt of the policy after reading about it in a newspaper and was, understandably “shocked.”
Judge Sara Evans Barker welcomed the daughter’s right to be involved in the trial – the date for which is due to be set in the near future.
photo credit: yeowatzup