Policyholder Sues Northwestern Mutual Over Life and Disability Policies

A Florida man is suing Northwestern Mutual Life for disability insurance benefits and life insurance waiver-of-premium benefits.

The man, Marcus Kirk, argues in a complaint filed in a state court in Leon County, Florida, that he applied for benefits late because the company described his coverage incorrectly when he first called it.

Kirk’s lawyer did not respond to a request for comment.

Northwestern Mutual said that it has not yet seen the complaint.

The policy: Kirk bought a term life insurance policy with a $500,000 death benefit in 2009, when he was 35, according to a copy of the policy included with the complaint. The policy had a 20-year level-premium term. It provided for a waiver of premium payments if he became disabled.

He paid premiums of $1,088 per year.

He also bought a disability insurance policy that would provide a $700 benefit per month and a $1,500 social insurance substitute benefit for an initial premium of $875.57.

The claim: In April 2010, Kirk was injured by an automobile while he was walking. He suffered a head injury that led to neurological problems, cost him his job and caused him to lose two other jobs, according to the complaint.

Kirk called Northwestern Mutual to ask about his coverage in the summer of 2010.

Northwestern Mutual “did not inform Mr. Kirk that he had a long-term disability insurance policy,” according to the complaint. “Rather, Defendant told Mr. Kirk that he had a life insurance policy and that because it was an automobile accident and he did not die, he was not entitled to any benefits under the policy.”

Kirk did not apply for benefits. He separated from his wife and became homeless.

In 2022, he found documents showing that he had disability insurance. He spent five months communicating with Northwestern Mutual about his coverage. The company agreed in October 2022 that he did have a disability policy in effect at the time of his injury.

When he applied for benefits, the company denied the claim, saying he had filed it too late.

“As the untimeliness of Mr. Kirk’s application under the policy was caused directly by the defendant’s misrepresentation that he did not have a policy under which he could file for disability,” Kirk asserts. “Defendant should be estopped from denying his application as untimely.”

At press time, no information was available about whether Kirk had an agent or an advisor and whether Kirk tried to ask any agent or advisor for help with his coverage.

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