Notices to Insurance Carriers

Even though one of the Standard Temporary Restraining Orders prohibits either spouse from doing anything to change or delete insurance coverage, that order is not binding on the insurance carrier. This means that a spouse can actually alter or eliminate coverage, even if it results in a violation of the restraining order.

Fortunately, Family Code Section 2050 provides a simple procedure by which the insurance carrier can be put on notice that there is a Family Law case pending and that existing policies and coverages should be maintained. Once this notice is received, the carrier can still change the coverage, but it does so at its own risk of being sued by the other spouse.

Notice to Insurance Carrier

Family Code §2050 contains the following text that should be included in the notice to the insurance carrier:

"You are hereby notified, pursuant to a pending proceeding, in re marriage of ____, case number ____, filed in the superior court of the state of california, county of ____, that ownership of, or benefits payable under, a policy of health, life, or disability insurance which you have issued to one of the parties to this proceeding, policy no. ____, is at issue or may be at issue in the proceeding.

You are hereby instructed to maintain the named beneficiaries or covered dependents under the policy, unless the terms of the policy or other provisions of law require otherwise, or until receipt of a court order, judgment, or stipulation between the parties providing other instructions.

You are further instructed to send notice to the named beneficiaries, covered dependents, or other specified persons upon cancellation, lapse, or change of the coverage, or change of designated beneficiaries under the policy."