How to File an Insurance Claim for a Missing Person

How to File an Insurance Claim for a Missing Person

by | Nov 16, 2018 | Helpful Articles, How-To, Insurance, Missing Persons, Resources, Unsolved Homicides Feature | 49 comments

The FBI’s National Crime Information Center (NCIC) contains over 89,000 active missing persons cases (as of May 2018). That’s over 89,000 families who are left with a gaping hole in their lives and in their households—missing fathers who taught their children to ride bikes and were never too busy to help out with a science project—mothers who made PB&J sandwiches just right, and never forgot to leave the hall light on. Most notably, many families are left without half of their household income when a parent or guardian goes missing. The missing person may have set up a life insurance policy to ensure their families would be cared for in the event of their death, but stymied law enforcement have recovered no remains, so the insurance company refuses to pay out. The family is left without any soil to begin filling the hole where the missing loved one once stood.  

The emotional roller coaster that ensues when a loved one goes missing is fraught with fear, confusion, and desperation for answers. Every waking moment, you wring your hands, hoping the loved one is safe and simply unable to communicate for rational reasons. Days go by—you cooperate with investigators and give them all the available information you have on the missing person. Weeks pass, but life goes on, even amidst a tragedy. When you consider the financial ramifications of picking up after a partner or spouse vanishes, the numbers are discouraging. A 2012 report by Legal Momentum determined the median income for two-parent families was $89,455. The median income for a single mother household was $25,493, while a single father’s income is $36,471. Those single parent incomes account for 31% and 40% of the two-parent income, respectively. How is a single parent suddenly supposed to take care of their family when nearly half their household income evaporates following the disappearance of their partner or spouse?  

In the days or weeks following the death of a parent or loved one, the beneficiary of their life insurance policy will contact the company and submit a death certificate to prove the owner of the policy is deceased. In the case of a missing person, there is no death certificate without first coordinating what is called a “presumption of death.” The Indian Evidence Act, Section 108 states presumptions of death can only be made when a person has been missing for at least seven years from the date of the initial missing persons report. This is known as the First Information Report (FIR). After the mandatory period has passed, the beneficiary may receive the claim.

In addition to the too-familiar scenarios normally surrounding missing persons—people who run away, people who are abducted, people who fall off of cruise ships or disappear from trails in national parks, etc.—other events that often fall under this legislation are missing persons who vanish during the calamity of natural disasters, such as tornadoes or hurricanes. After the flood that devastated Uttarakhand in 2013, P Chidabaram, the Finance Minister of India, asked the country’s largest life insurance provider, Life Insurance Corporation of India, to waive the traditional seven year period, having the company sign indemnity bonds so claims could be closed swiftly. The 2018 Atlantic hurricane season was particularly devastating, with two of the total eight hurricanes rated a category three or above. Hurricane Michael tore through the Florida panhandle like tissue paper, blowing Mexico Beach completely off the map. Initially, 285 people were unaccounted for in the town’s population, but was later reduced to 46 as residents were either located post-evacuation, or rescued from the wreckage. The California Camp Fire has killed 60 people to date—the deadliest in history—has displaced thousands of families attempting to outrun the flames, with many unable to contact their loved ones and let them know they’re safe. On November 14, 2018, the Butte County Sheriff’s Office released a list of 103 people who have been reported missing since the blaze began. “If your name is on the list, it means that someone is looking for you,” Sheriff Kory Honea said. “Let us know that you’re okay, so that we can stop our search for you and start looking for someone else.” That list has now swelled to 300 names and is expected to continue climbing.

mike williamsWorking closely with law enforcement is a major tenant of a successful claim on a missing persons’ life insurance policy, particularly on the presumption of death. The Indian Evidence Act only requires a beneficiary to wait seven years from the date of the FIR before filing the claim, but depending on where you live in the United States, law enforcement can use evidence to prove a missing persons’ death, even when a body cannot be found—for example, the case of Mike Williams, a man who went missing on a duck-hunting trip in Florida in 2000. Police found his boat floating abandoned on Lake Seminole, which prompted them to drag the lake in search of his remains. When no trace was found, authorities formed the theory Mr. Williams had fallen off the boat and was subsequently eaten by alligators. This theory of the accident explained why no body was ever recovered, allowing his widow to obtain a death certificate and collect on his $1 million-dollar insurance policy. Seventeen years after her husband was reported missing, Denise Williams was indicted on murder charges after her second husband (and Mike’s best friend), Brian Winchester confessed to killing Mike in conspiracy with his wife for the insurance money.

Law enforcement’s theory about Mike Williams disappearance created a loophole you could drive a truck through, but not all beneficiaries of life insurance policies can depend on this loophole. In some states, with the help of legal representation, beneficiaries of the missing insured can begin legal proceedings that would accelerate the issuance of a death certificate, but this comes with a much higher burden of proof, and demands a pool of evidence that would stand up to the most thorough, independent investigation procedures. In the event such evidence of death cannot be found, there is a procedure in place for those who must wait seven years following the filing of a FIR. After seven years, the beneficiary of the insured, or the heir of the insured, must submit the following documents to the insurance company:

  • Claimant’s statement form signed by the nominee of the legal heir
  • Copy of the FIR and the missing person’s report filed with the police
  • Original policy contract documents or indemnity bond
  • Copy of death certificate, or a court order presuming the person is dead after the lapse of seven years

When a loved one goes missing, a family is left in a stasis, paralyzed by their fear and ‘what-if’ games while the world selfishly continues to spin. Eventually, families need to pick up the pieces, a process eased by the financial support set up for them by the missing insured, but only if they can file a claim. If you have recently set up a life insurance policy for your family, educate them on the process of filing a claim should you go missing without a trace.

DENISE WILLIAMS INDICTED FOR HER HUSBAND’S MURDER

DENISE WILLIAMS INDICTED FOR HER HUSBAND’S MURDER

by | May 22, 2018 | Criminal Investigations, Investigations, News | 4 comments

 

In the weeks following the capture of the infamous Golden State Killer, in which the survivors of the victims were finally given some closure, the family of a missing Florida man may finally have some answers as well after seventeen years of silence. Denise Williams, 48, was arrested on May 8th, 2018 for the first-degree murder of her first husband, Mike Williams. Her ex-husband, Brian Winchester, who is currently serving time for kidnapping her at gunpoint in 2016, was also identified in the court documents released on Tuesday as the person who shot his best friend, Mike Williams, on December 16th, 2000. The murder came just six months after Winchester had sold Williams a one-million-dollar life insurance policy, which his wife was able to collect, despite the fact his remains would not be found for seventeen long years.

In an astonishing coincidence, WCTV Eyewitness News in Tallahassee was able to locate archived footage from the year 1999, in which both Denise and Mike Williams appeared in a segment in early May as part of Mother’s Day. Their daughter was born in said year on the eve of Mother’s Day, prompting the media outlet to cover the new family as a human-interest story. In the footage, Mike Williams expresses how much more respect he has for his wife and women in general for their ability to bring a child into the world. This eerie footage is now being re-examined, with investigators and armchair detectives alike, wondering how this picturesque nuclear family unraveled in a story of greed, betrayal, and murder.

Investigators postulate Denise Williams and Brian Winchester started conspiring to kill Mike Williams less than a year after the human-interest piece aired on WCTV in Tallahassee. Six months before the fateful duck-hunting trip, Winchester sold Williams a life insurance policy in the sum of $1 million dollars, a decision raising no eyebrows at the time. Williams had a wife and 18-month-old daughter who would need caring for if something were to happen to him, so he purchased the policy.

When Williams did not return from his duck hunting trip on December 16th, the authorities were called. When the police found Williams’ abandoned boat on the water, the investigation tapered off after the theory was floated he was eaten by alligators. Despite dragging Lake Seminole, police were not able to recover a single trace of Mike Williams’ remains.

From the jump, there were people who did not believe the story police had given as an explanation for Williams’ disappearance, most significantly his mother, Cheryl Williams. In 2016, Cheryl Williams told The Daily News she did not believe her son was the victim of an alligator attack, but rather the victim of a black widow. She told her story to the media outlet as part of the coverage of Brian Winchester’s 2016 kidnapping and holding Denise Williams at gunpoint. It was her assertion from the beginning, she said, her daughter-in-law was involved, “I lost my son, his daughter lost her father and Denise is the only one who got millions of dollars,” Cheryl Williams said. “She and Brian are the only ones who profited from his death.”

The theory of Mike’s death, in which he’d been eaten by alligators, left a loophole allowing Denise Williams to collect on her husband’s insurance policy despite the fact authorities never recovered a body. A complete search of the lake left law enforcement and Mike’s mother without answers. In an additional tragedy to losing her son, Cheryl has also lost contact with her granddaughter, whom Denise Williams has barred Cheryl from visiting for the past ten years after Cheryl convinced law enforcement to open an investigation. These devastating losses were what propelled her to go to the police with her suspicions. Cheryl was finally able to persuade law enforcement to open an investigation into her daughter-in-law, but only for insurance fraud. It was a start, Cheryl told the media, and ever since, she has been championing for those responsible for her son’s disappearance to be brought to justice.

Five years after her husband went missing, Denise Williams married Brian Winchester. The couple separated in 2012, which sparked a series of domestic incidents ultimately culminated in Williams filing for divorce in 2015. The ongoing investigation into Mike Williams’ death left law enforcement with little recourse other than to turn up the heat on Brian Winchester.

According to the Tallahassee Democrat, friends reported Brian Winchester was acting strange around the time of the kidnapping, “In an interview with investigators, anesthesiologist Dr. Stephen Mnookin said he went to lunch with Brian Winchester hours after the Aug. 5, 2016 incident involving Denise Merrell Williams…At Village Pizza off Thomasville Road, Mnookin said a nervous Winchester told him the police were “after him” and kept contacting him, warning once their divorce was final, “his wife is going to say something about this guy who died 10 or 12 or 15 years ago.” The increased pressure on Winchester as a suspect, the news of his mother’s terminal cancer, and rejection from his son, who wanted to live with his mother, Winchester’s first wife, allegedly triggered his ex-wife’s kidnapping. On August 5, 2016, Winchester snuck into his ex-wife’s car and laid in wait for her to return. When she did, he held a loaded gun against her ribs for almost an hour. He was sentenced to 20 years in prison in 2017.

Now with Winchester behind bars, negotiating with law enforcement, it seems investigators might finally be closing in on the truth behind Mike Williams’ cold case. In late December of 2017, Mike Williams’ remains were finally found—not in Lake Seminole where he allegedly drowned and was devoured by alligators—but in northern Leon County. Armed with this new evidence, the state was finally able to secure an indictment against Denise Williams. She was arrested on May 8, 2018 at her office at Florida State University. She is officially charged with first-degree murder, conspiracy to commit first-degree murder and accessory after the fact. Presentation of the state’s case to a grand jury resulted in jurors naming Williams as the mastermind of the insidious plot to have her husband murdered for the insurance money. Ethan Way, Williams’ attorney, addressed the public about the innocence of his client in court, “My client had absolutely nothing to do with Mike Williams’ disappearance and had absolutely nothing to do with any of the crimes that Brian Winchester committed. We will fight this until the end.” Judge Nina Ashenafi Richardson of Leon County denied Williams’ request for bail, resolving to detain her in the Leon County Detention Center. Ethan Way has filed a motion seeking bail to be heard at an impending court date later in May.

Carie McMichael is the Communication and Media Specialist for Lauth Investigations International, a private investigation firm based in Indianapolis, Indiana–delivering proactive and diligent solutions for over 30 years. For more information, please visit our website.