I have no problem with the Coxes getting the money, but the Powell's have
been huge pains and have caused a great deal of pain for the Coxes.
Sorry for three posts, one of them didn't get posted in a timely manner,
thought it was denied and I followed up with another.Hope the
information was helpful to some.That's A Good One... thanks for
your kind comment.
sammyg, thanks for breathing some common sense fresh air into an otherwise
ridiculous collection of comments that are based (maybe understandably so) on
emotion and opinion instead of actual law or fact.
Steven Powell, Josh Powell's father who was recently released from prison
after serving 30 months for taking voyeuristic pictures of two neighbor girls,
will not be receiving any of the life insurance money in question, he said.======= Thanks for reporting "that" fatoid in this
article.Perhaps now the endless witch hunt into everything Steven
Powell does will stop being reprted in the Deseet News.
Howard BealYour questions... In this case a death
occurred and a claim was paid. Did the insurance company deny the claim because
of a crime or suicide? No.Susan is officially classified as a
missing person, when Susan is declared dead according to the law, the insurance
company will pay the claim.Did Josh die? Yes. Did the insurance
company pay a claim. Yes. It didn't matter how. (Death by suicide after a
mandatory exclusionary period of 2 years is covered.)Insurance
companies exist to make money and provide a service in exchange for a premium.
These policies were probably term life contracts, inexpensive
contracts where the company expected the owner to eventually surrender later in
life when they become too expensive to renew. About 1% of these policies are
ever paid out on yet they provide a 'peace of mind' for millions of
people in the event of the unthinkable.The Powell tragedy was the
unthinkable.Become educated. Read up on aleatory, unilateral
contracts, and contracts of adhesion. Simple things to understand.As
much as all of us 'hate' the circumstances of what happened with the
Powell family it does not change the law of contracts.
However, do policies pay out when death comes via a crime? Josh Powell killed
himself but he also murdered his children with that action. As far as the death
of Susan Cox Powell, I have no idea how that would be decided. But it seems to
be no insurance payout should be granted in Powell's actual death.
K - Life insurance policies generally pay out in suicide cases after
the first 2 years the policy is in effect.
I find some of the comments rather strange about the money.First of
all life insurance pay outs are based upon simple contracts. You pay a premium
and the insurance company agrees to pay a death benefit. In the
event that a beneficiary dies then the court steps in and distributes the
proceeds according to established law, it has nothing to do with how a person
dies or who commits the murder in this case.Suicide clauses
typically protect the insurance company for a period of two years. It can very
from state to state. If I bought a policy and killed myself within that two year
period the insurance company would not have to pay the life insurance benefit,
only a return of premiums paid.The insurance company was fulfilling
its contractual obligations and the judge applied the law correctly.I was glad that Josh and his wife Susan made the decisions to buy life
insurance. It's a tragedy that all of this happened. Hopefully the money
will be used for good purposes.The idea that the money is tainted or
the families shouldn't get it is ludicrous.And yes, I'ma
licensed insurance agent
If the families opt to continue to battle each other, most of the money will end
up in the pockets of the lawyers...their choice.
Personally, I think the whole Powell family is kinda loony tunes! I think the
money ought to go to the Cox family. They tried and tried to get custody of
those little boys and protect them from any harm and were denied. Then the boys
were literally snatched away by Josh and murdered. Their attorney bills have to
be hefty. With Susan's disappearance and death still an unsolved mystery
and completely tied to Josh, I vote for the Coxes!
I really wish that neither the Powells nor the Coxes got any of the money. Let
it go to a worthy charity not connected with either family, and let it do some
bullInsurance payouts are the result of contractual obligations
agreed upon between the insurance company and the policy owner. An owner pays a
premium and in the event of a death an insurance company pays out a death
benefit. While the manner of death is unfortunate it still does not release the
insurance company from fulfilling its obligation to the insurance contract.The money wasn't earned, it was a simple contractual obligation
brought about by an insured's death.Had the insureds lived to
ripe old ages and the payment of premiums continued, the insurance company would
have still paid the death benefits whether or not they resulted from natural or
unnatural causes.Money can and does help individuals through the
bereavement process. In addition the good that can happen with this money can
accomplish great things despite the evil that brought about the deaths.I'm sure the Cox family will do a lot of good with this money. It will
definitely offset the financial burden they suffered through this ordeal.
I'm sure it will help the other families as well.The idea that
the money is tainted and should not be awarded is patently wrong.
How can a murder suicide policy pay out at all? The insurance company should not
be required to pay a dime. His family should not get any money for
Seems fair to all parties concerned...time to move on.
None of them should get any of it. After all, it is money that was paid out in
direct correlation to the heinous acts that Josh Powell committed. I
wouldn't have anything to do with such money that was earned through evil
I wonder why the money wasn't divided evenly between Josh's siblings.
Either way I am just glad that evil father of Josh didn't get any.