Adrienne Tanner,
Vancouver Sun
Sunday, January 20, 2008
NANAIMO - In the spring of 2003, Sotha Kong began a lengthy trip to his homeland of Cambodia, where he was shot and killed. Or so says his widow Padimass, who was left behind in Nanaimo to raise their five children.
However, the life insurance company balking at paying out her husband's million-dollar policy insists Sotha is still very much alive.
Manulife Financial Services Inc. has fought the claim in court on two fronts. The company claims Sotha lied about his health when he took out the policy in 2001 and that reports of his death were faked.
Last week, his widow won the first round when Supreme Court Justice Bruce Butler found that Sotha had answered honestly all of the questions about his health. However, the issue of whether Sotha is dead or alive is still "on the table," said John McGreevy, one of two lawyers representing Padimass in the case.
"It's still not resolved how it will play out," he said.
The Kongs were born in Cambodia and married in 1994. They had three adopted children and two of their own, whom Sotha supported by working as a truck driver, the court documents state. The couple owned a home in Nanaimo and land holdings in Cambodia.
After the birth of their son in 2001, they each applied for life insurance policies that would pay out $1 million if either of them died.
"Ms. Kong said that the couple wanted to make appropriate provision for all of their children in the event that something happened to either of the parents," the court documents state.
Because of the size of the death benefit, the Kongs were required to answer questions about their health and submit a medical examiner's report.
In 2003, Sotha went to Cambodia to attend a ceremony for his elderly mother. It was supposed to be a short visit. But while he was there, a business opportunity arose and Sotha stayed on for months longer.
In late February of 2004, Padimass got word her husband had been shot and killed. She flew to Cambodia, where authorities gave her what they said were her husband's remains and she arranged for a cremation. Padimass returned with a death certificate and autopsy report prepared by the Cambodian government, which she produced when attempting to collect her husband's life insurance benefit.
The company quickly launched its own investigation. It reviewed the medical questionnaire Sotha filled out when he bought the policy and compared it to records held by his family doctor.
The company then took issue with answers he had given to questions about his heart.
Company officials also contacted police in Cambodia, seeking information about the murder.
According to the court file, the company "produced documentation from the Meanchey Provincial Court in Cambodia that concludes that Mr. Kong is 'currently alive.'"
At the outset of the trial, the judge essentially split the case in two, said Avtar Dhinsa, the second lawyer representing Padimass. His reasoning was that if Sotha was found to have lied about his health, the policy would be invalid, making the more difficult to prove question of whether he was alive or dead redundant.
In his ruling released Friday, Butler found that Sotha did not misrepresent his medical history. Lawyers for the family say they will now approach the company and ask them to pay out on the claim. McGreevy said his client is hoping for a speedy resolution.
"She's had a hard time," he said. "Since this happened, she's had very difficult financial circumstances."
Dhinsa said the delay and court battle has hurt not only Padimass, but the couple's five children.
"To suggest they are playing some kind of hoax on the kids or something, that's just ludicrous."
Vancouver Sun
Sunday, January 20, 2008
NANAIMO - In the spring of 2003, Sotha Kong began a lengthy trip to his homeland of Cambodia, where he was shot and killed. Or so says his widow Padimass, who was left behind in Nanaimo to raise their five children.
However, the life insurance company balking at paying out her husband's million-dollar policy insists Sotha is still very much alive.
Manulife Financial Services Inc. has fought the claim in court on two fronts. The company claims Sotha lied about his health when he took out the policy in 2001 and that reports of his death were faked.
Last week, his widow won the first round when Supreme Court Justice Bruce Butler found that Sotha had answered honestly all of the questions about his health. However, the issue of whether Sotha is dead or alive is still "on the table," said John McGreevy, one of two lawyers representing Padimass in the case.
"It's still not resolved how it will play out," he said.
The Kongs were born in Cambodia and married in 1994. They had three adopted children and two of their own, whom Sotha supported by working as a truck driver, the court documents state. The couple owned a home in Nanaimo and land holdings in Cambodia.
After the birth of their son in 2001, they each applied for life insurance policies that would pay out $1 million if either of them died.
"Ms. Kong said that the couple wanted to make appropriate provision for all of their children in the event that something happened to either of the parents," the court documents state.
Because of the size of the death benefit, the Kongs were required to answer questions about their health and submit a medical examiner's report.
In 2003, Sotha went to Cambodia to attend a ceremony for his elderly mother. It was supposed to be a short visit. But while he was there, a business opportunity arose and Sotha stayed on for months longer.
In late February of 2004, Padimass got word her husband had been shot and killed. She flew to Cambodia, where authorities gave her what they said were her husband's remains and she arranged for a cremation. Padimass returned with a death certificate and autopsy report prepared by the Cambodian government, which she produced when attempting to collect her husband's life insurance benefit.
The company quickly launched its own investigation. It reviewed the medical questionnaire Sotha filled out when he bought the policy and compared it to records held by his family doctor.
The company then took issue with answers he had given to questions about his heart.
Company officials also contacted police in Cambodia, seeking information about the murder.
According to the court file, the company "produced documentation from the Meanchey Provincial Court in Cambodia that concludes that Mr. Kong is 'currently alive.'"
At the outset of the trial, the judge essentially split the case in two, said Avtar Dhinsa, the second lawyer representing Padimass. His reasoning was that if Sotha was found to have lied about his health, the policy would be invalid, making the more difficult to prove question of whether he was alive or dead redundant.
In his ruling released Friday, Butler found that Sotha did not misrepresent his medical history. Lawyers for the family say they will now approach the company and ask them to pay out on the claim. McGreevy said his client is hoping for a speedy resolution.
"She's had a hard time," he said. "Since this happened, she's had very difficult financial circumstances."
Dhinsa said the delay and court battle has hurt not only Padimass, but the couple's five children.
"To suggest they are playing some kind of hoax on the kids or something, that's just ludicrous."
1 comment:
Thanks for writing this.
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