Document Type

Article

Publication Date

2017

Abstract

Children are being murdered for life insurance proceeds.

Of course, if a beneficiary murders a child for the recovery of life insurance money and if he is apprehended, he will surely face numerous legal consequences. He will not recover the insurance money, he will be prosecuted and likely sentenced to life imprisonment or execution, he may be sued for the wrongful death of the child and he may be prosecuted for insurance fraud. However, all of these legal responses are triggered by the death of the child and, therefore, do not serve to protect the child from being murdered in the first instance.

On the other hand, there are legal doctrines in place that would appear to be directed toward protecting a child from being the target of a murderous beneficiary, most notably the insurable interest doctrine. Pertinent to this Article, this doctrine is intended to limit the pool of potential beneficiaries to a life insurance policy to those who, out of love and affection, would never consider murdering the child for money. However, the doctrine is often vaguely defined by the courts and loosely applied by insurance companies when issuing life insurance policies.

This Article explains the risk life insurance policies pose to children, discusses the ineffectiveness of current legal measures to protect children in such instances, and proposes significant but necessary measures to protect children from being murdered for life insurance money.

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