Heath Ledger's daughter Matilda in millions row

[CA95380]

Heath Ledger&squo;s daughter Matilda in millions row | Herald Sun

A COURT will decide if Heath Ledger's two-year-old daughter, Matilda, could add more than $75 million to her inheritance.

Matilda's legal team is fighting a court battle against a US company that has refused to pay out the actor's life insurance policy.

Ledger's longtime Hollywood lawyer, John LaViolette, is suing an insurance company in the US Federal Court for refusing to pay $12.5 million in life insurance benefits to the Brokeback Mountain star's young heir.

What is your opinion on this?

How do they prove it was not an accidental overdose?

I am not saying that he committed suicide, over-dosed on drugs (legal or illegal), or if he died of natural causes (doubt that though), because I do not know. And I understand that his policy had a "suicide clause in it" and they are saying "he may have commited suicide".

Then this brings up my second part of my question.

When a person purchases life insurance - pays for it for years and years .... if they die because of an illegal drug or legal drug overdoze should their heirs be paid the amount of the policy?

Opinion on this?

To be honest I don't know what I think about this - but when reading and hearing about it on TV ... it made me at least think about it.

 

[Gem]

I don't think they have much of a case, frankly. If the official medical report/autopsy/etc. states that Ledger's death was accidental...then it wasn't suicide, and his daughter gets his benefits.

My guess is...the company will attempt to drag this out as much as possible and hope desperately for some comments from his friends, masseuse, etc. that they could use to try to point to suicide...and in the end, will quietly pay Matilda Ledger $12 million dollars.

I suppose I don't mind an insurance company being careful about paying out such large sums of money...at the same time...I thought that was why medical inquiries were done. I mean, if the fact that the death was ruled an accident doesn't mean anything...then why do it? I kinda feel that unless the insurance company can prove that some part of the investigation was done improperly...then they should not be able to waste the time and money on the case.

 

[WillowTree]

They should pay the money!

 

[CA95380]

I agree ... "they should pay the money". Another big company tring to get out of paying.

 

[Jon]

The guy was on many different types of medication that he clearly did not need. They can't rule out suicide anymore than they can prove it was accidental overdose.

 

[CA95380]

The guy was on many different types of medication that he clearly did not need. They can't rule out suicide anymore than they can prove it was accidental overdose.

True, Js ... but since the insurance company has opened a new can of worms .. it could cost them more than if they had just paid the claim, in the first place.

 

[Gem]

So by that logic, every accidental death should not pay out on life insurance because, after all...we just can't know what their intentions were.

Maybe that man MEANT to fall off the ladder and break his neck. Maybe that mother MEANT to lose control on the wet road and slam her car into a tree. Maybe that grandmother MEANT to kill herself by smoking her entire life even though she knew it could kill her. We just can't know their motives, therefore we don't have to pay!

This is why we have medical examiners...they determined the death was accidental...case closed, unless the insurance agency can somehow open the case again and PROVE that it was suicide.

You can not deny a life insurance claim because it COULD be suicide...it has to BE suicide.

 

[CA95380]

I think proving suicide might be hard when pills/medication are involved. Murder or an accident falling is different ... that would be much easier to prove. IMO

I dunno .... maybe not.

 

[Gem]

Of course...I'm just saying that proving suicide when someone did not obviously do things like leave a note, talk about suicide, give away possessions, take a massive overdose of pills, etc. is kinda like saying that the guy made himself fall off the ladder...its pretty darn hard to prove.

Ledger did not take a massive dose of one of his medications...he took several of his medications in their regular doses for different legitimate reasons. A medical examiner ruled this an accident.

I can't see what could can come from allowing life insurance companies not to pay out on their policies unless there are at least 10 witnesses (5 of them insurance company employees) to state that the death was not a suicide.

 

[CA95380]

I agree with that Gem.

 

[CrimsonWhite]

True, Js ... but since the insurance company has opened a new can of worms .. it could cost them more than if they had just paid the claim, in the first place.

Not so much. Insurance companies are notorious for overloading plaintiff's attorneys with assloads of paperwork. Insurance companies are very efficient at defending themselves. This isn't my field, but I do belive they have the stronger case.

 

[CrimsonWhite]

Mr Shernoff said Matilda's mother, Michelle Williams, who split with the actor last year, was not involved in the suit, nor was Ledger's family in Australia.

If the mother of the child is not involved, then who is acting in loco parentis. This seems shady.

 

[Silence]

Not so much. Insurance companies are notorious for overloading plaintiff's attorneys with assloads of paperwork. Insurance companies are very efficient at defending themselves. This isn't my field, but I do belive they have the stronger case.

I actually work in insurance defense and a good insurance defense attorney will win this case without much effort.

I'd be interested to know how long he had the policy. Most life insurance has the suicide clause but it's only for a determined amount of time, 1, 2, 5 etc, years after the policy takes effect.

The fact that he was mixing his medications could show a disregard for his life which could be determined to rise to the burden of proving it was suicide, however unintentional it was.

He did in fact, basically kill himself.

 

[CA95380]

In the link ... it says .... Ledger's longtime Hollywood lawyer, John LaViolette, is suing an insurance company in the US Federal Court for refusing to pay $12.5 million in life insurance benefits to the Brokeback Mountain star's young heir.

And ..... the policy was taken out June of last year??? Yikes!

Ledger took out the life insurance in June last year, seven months before his death -- with Mr LaViolette named in the policy as Matilda's custodian.

 

[CrimsonWhite]

I actually work in insurance defense and a good insurance defense attorney will win this case without much effort.

I'd be interested to know how long he had the policy. Most life insurance has the suicide clause but it's only for a determined amount of time, 1, 2, 5 etc, years after the policy takes effect.

The fact that he was mixing his medications could show a disregard for his life which could be determined to rise to the burden of proving it was suicide, however unintentional it was.

He did in fact, basically kill himself.

I'll take your word for it. I just do criminals.