Certified Translation to Prove Death in International Life Insurance Claims
Certified Legal Translation & Court Interpreter Services for Life Insurance Disputes
Certified Apostille translation of foreign death certificates are required for life insurance claims, probate, dual citizenship by descent, submissions to the Social Security Administration and financial institutions and play an important role in forensic genealogy search for heirs and beneficiaries in estates, guardianships and trusts. When it comes to life insurance companies, international life insurance claims often hinge on proving the death of the insured—an issue that can be far more challenging when the death certificate and supporting multilingual evidence are from countries that are not members of the Hague Apostille Convention with unstable governments and insufficient infrastructure.
This blog post based on Estate of Mohamed v. Monumental Life Ins. Co., 138 F.Supp.2d 709 (E.D. Va. 2001) explores the complexities involved in proving death in international life insurance disputes.
When the Insured Dies in a Politically Unstable Country
When an individual dies, one of the fundamental requirements for a life insurance claim is “due proof of death,” typically provided in the form of a death certificate. However, problems arise when the insured dies in a country where official documents, including death certificates, are difficult to obtain or are unreliable. Governments with unstable political climates, widespread corruption, and limited infrastructure can make it nearly impossible to secure verifiable vital records. This is especially true in countries experiencing ongoing conflict or where local authorities have limited control over vital records processes. It also creates issues when insurers attempt to verify the information presented in an international life insurance claim.
In some international claims, insurers may challenge the authenticity of death certificates or demand additional evidence to substantiate claims. For claimants, these challenges can delay or even prevent the payout of life insurance benefits.
A Shooting Death Occurs in Somalia
In Estate of Mohamed, the plaintiff, Mrs. Mohamud (the insured’s wife), sought to recover life insurance benefits following the death of her husband, who was killed in Somalia in 1997. Mrs. Mohamud filed a claim under two insurance policies issued by Monumental Life: a mortgage life insurance policy and an accidental death insurance policy. Mrs. Mohamud provided a Somali death certificate as well as additional supporting documentation, including affidavits, medical records, and funeral-related evidence. However, Monumental Life Insurance denied the claim, citing the inability to verify the documents due to Somalia’s unstable political environment and lack of national infrastructure. The insurer argued that the Somali death certificate could not be authenticated, and the evidence provided was insufficient.
Mrs. Mohamud Goes to Court
The case was heard by the United States District Court for the Eastern District of Virginia, where the court had to determine whether Mrs. Mohamud had provided sufficient proof of death to meet the requirements of the insurance policies. After reviewing the documentation and witness testimony, the court found that Mrs. Mohamud had indeed submitted sufficient preliminary proof of death. The court ruled that the insurer’s refusal to pay out the claim based on its inability to verify the death certificate was unreasonable and a breach of contract.
Did Mrs. Mohamud Supply Adequate Preliminary Proof of Death?
The case hinged on whether the Somali documents provided by Mrs. Mohamud constituted adequate proof under the policy’s terms. The court determined that the evidence submitted was credible and sufficient to support a claim, even though it did not meet the standard of a U.S.-recognized death certificate. This decision highlighted that insurers cannot impose additional, unattainable standards that are not stipulated in the policy.
Monumental Life had argued that Mrs. Mohamud’s evidence of death was insufficient under the reasoning in Minh Tu v. Mutual Life Insurance Co., 136 F.3d 77 (1st Cir.1998). because the Somali death certificate was inadmissible and unauthenticated. However, the court rejected this argument, noting that Minh Tu relied on Massachusetts standards for “due proof of loss,” which are not applicable in Virginia. Unlike in Minh Tu, where the claimant lacked supporting evidence beyond inadmissible documents, Mrs. Mohamud provided substantial admissible evidence, including a physician’s statement, burial records, and affidavits from witnesses. The court found this evidence sufficient to demonstrate preliminary proof of death under the policy, distinguishing this case both legally and factually from Minh Tu.
The Role of Alternative Proof
In this case, the court emphasized that the lack of a U.S.-recognized death certificate did not preclude Mrs. Mohamud from proving her husband’s death. The documentation she provided from Somalia—including affidavits from witnesses, medical records, and funeral documents—was sufficient to demonstrate, with reasonable certainty, that the insured had died and that the death occurred under the circumstances described.
Moreover, the court found that Monumental Life had failed to conduct a reasonable investigation. The insurer did not take steps to contact available witnesses or the certifying physician, and it did not send investigators to Somalia to verify the claim. The court ruled that Monumental Life’s failure to make reasonable efforts to investigate the claim contributed to its breach of contract.
The Court’s Decision on Accidental Death
In addition to proving the insured’s death, Mrs. Mohamud also had to demonstrate that the death met the terms of the insurance policies. The mortgage life insurance policy required that the insured’s death be caused by an accident, and the accidental death policy specifically excluded deaths caused by acts of war.
The court found that the insured’s death resulted from gunshot wounds sustained during a violent incident in a Mogadishu café, and it was not the result of an act of war. Monumental Life had argued that the chaotic conditions in Somalia, including ongoing civil war, could have contributed to the death, but the court rejected this argument. The evidence showed that the death was caused by a random act of violence, not directly tied to the conflict. As such, the court ruled that Mrs. Mohamud was entitled to recovery under the insurance policies.
The Impact of Credible Testimony by Somali-Speaking Witness
Critical to the court’s decision was the testimony of Ms. Faduma Ahmed Mohamud, Mrs. Mohamud’s sister, who had witnessed the deceased’s body and helped with funeral arrangements. The court found Ms. Mohamud’s testimony credible, and this helped establish that the insured was indeed deceased. Additionally, other witnesses, such as Mr. Eng Xasan Dhiisi, provided testimony supporting the claim that the insured died in a violent, accidental manner, further strengthening Mrs. Mohamud’s case.
The Court’s Final Ruling
In the end, the court ruled in favor of Mrs. Mohamud, awarding her $173,275.26 under the two insurance policies. The court concluded that Monumental Life had breached its contractual obligations by refusing to pay the death benefits based on the evidence provided. Furthermore, the court found that Monumental Life had failed to prove that the insured’s death was caused by an act of war or was otherwise excluded from coverage under the terms of the policies.
Contact All Language Alliance, Inc. to obtain certified Somali to English translation of documentary evidence and to hire a Somali deposition interpreter for an on-site deposition or for a Zoom video deposition. In addition, we can provide certified translation of vital records handwritten or typewritten in Turkish, Lao, Chinese, Arabic, Amharic, Thai, Spanish, Indonesian, French, Old Church Slavonic, Haitian Creole, and other foreign languages.
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