Life Insurance Claims

Families purchase life insurance policies to protect their loved ones. Life insurance is essentially a contract between the policy owner and the insurance company (insurer) where the insurer agrees to pay a certain sum of money upon the death of the insured. However, life insurance companies often look for an excuse to deny a valid claim, bringing further agony to a family member’s already painful period.

Insurance companies will attempt to deny claims based on one or more grounds, including misrepresentation, omission, or concealment by the insured at the time of application for the policy or a later amendment. Insurance companies may also attempt to forego a claim based on a missed premium payment. Most life insurance policies are governed by the Employee Retirement Income Security Act of 1974 or ERISA. If the insurance policy is subject to ERISA, you must appeal the decision of the life insurance company to deny the claim within sixty (60) days of the receipt of the notification of denial. Therefore, time is of the utmost essence when dealing with life insurance claim denials.

Life Insurance Litigation And Disputes

Insurance companies will attempt to deny claims based on one or more grounds. They include misrepresentation, omission, or concealment by the insured at the time of application for the policy or a later amendment. Insurance companies may also attempt to forego a claim based on a missed premium payment.

Most life insurance policies are governed by the Employee Retirement Income Security Act of 1974 or ERISA. If the insurance policy is subject to ERISA, you must appeal the decision of the life insurance company to deny the claim within sixty (60) days of the receipt of the notification of denial. Therefore, time is of the utmost essence when dealing with life insurance claim denials.

Life Insurance Attorney In South Florida

While litigation will hopefully not be necessary when working with a life insurance claim, this may be needed as a last resort. Such action depends on your specific circumstances. The process of litigation is difficult and often complicated, especially when dealing with larger firms that might have established legal departments. No matter what sort of case you have, however, working with a local law firm can help a great deal to state your case. You want strong allies on hand.

In some cases, you may be able to reach a settlement without having to go this far. By receiving professional advice from a local attorney in southern Florida, you can increase your chances of making the right call as far as this goes.

Over time, some people have made illegitimate claims that have made it historically easier for insurance firms to deny decent claims. They cite these unfortunate precedents. By working with a professional attorney, you can be sure that you won’t have to worry as much about a wily defense specialist finding some sort of precedent that would permit them to deny your claim.

While there’s never any way to guarantee a specific type of ruling, you can drastically improve your chances. A professional legal specialist knows how to navigate the often complicated world of insurance judgments.

Denial Of Life Insurance Claim

Several different reasons might permit an insurance firm to deny the bereaved death benefits. Perhaps the most common reason is a lapsed policy. This happens as a result of failure to pay a premium on time. Insurance companies might also find that an individual made a so-called material misrepresentation on their application. This suggests that they either incorrectly recorded their age or perhaps withheld information regarding a medical diagnosis.

Exclusions have slowly vanished from insurance policies, though most usually still refuse to cover suicides that happen within the first few years of coverage and deaths that are in some way connected with the commission of a felony offense. In some cases, an attorney might be needed to clear the name of the individual in question. Once it’s done, their beneficiaries will receive what they were promised.

Older policies are sometimes tied to additional restrictions. Acts of war, death during military service, blood-borne illnesses and other limiting factors can impact the way that a particular case is handled. If you run into these kinds of problems, then a legal expert can help sort out the difficulties.

South Florida Life Insurance Disputes

The denial of life insurance benefits is a contractual problem and requires an attorney that is familiar with the applicable law, including ERISA, insurance law, life insurance applications, life insurance policies, and terminology. That is why you need a top life insurance lawyer.

Clarify Your Benefit Claims With Trembly Law

The Trembly Law Firm has experience litigating life insurance denial cases against numerous life insurance companies. Our team will always do their best to try and ensure that you get the maximum potential payout that’s possible. We consider any extenuating circumstances.

Do you have a claim that has been denied? The Trembly Law Firm may be able to get the insurer to pay the sum your loved one intended you to receive. Reach out to us today.

An Overview of Life Insurance Policies

A life insurance policy is a type of contractual agreement which provides financial benefits to a certain person (or persons) following someone’s death. Typically, life insurance policies are obtained for a family member, although this is not always the case. Because life insurance claims involve someone’s death, many people assume that insurance companies rarely dispute claims. Unfortunately, this is not the case. Life insurance companies frequently dispute claims, and may deny a claim for a range of reasons.

Life insurance companies reject claims based on a variety of reasons, but some reasons are more commonly seen than others. A few of the most common are a lapsed policy (due to missed premium payments), misrepresentation, omission, and manner of death. If your life insurance claim is denied, remember that you have options. A denial doesn’t necessarily mean that you won’t receive benefits, but you do need to respond to the insurance company’s decision in a timely fashion.

Many insurance policies are subject to the Employee Retirement Income Security Act of 1974, also referred to as ERISA. If ERISA applies to your insurance policy, you must respond to a decision to deny insurance benefits within 60 days. This puts a firm deadline on your situation which you cannot ignore. If your claim is denied, you need to obtain qualified counsel in a timely fashion. A qualified attorney can help you respond effectively and navigate the process of overturning a denial.

Litigation & Disputes Involving Life Insurance Claims

When an insurance company denies your attempt to collect benefits on a policy, you will have an opportunity to respond and state your objection. If the insurance company continues to deny your claim, you can then pursue the matter further. Depending on the situation, you may pursue litigation as a way to resolve the matter, or you may attempt to settle the claim outside of court. Deciding between these routes is something which requires a careful assessment of your particular situation. But, there are a few things you should keep in mind, regardless of the specifics of your case.

Settlement vs. Litigation

When you decide whether to litigate your claim, or take a settlement, you need keep certain things in mind. For one, litigation is a relatively costly and time-consuming approach; this is nearly always the case, regardless of your particular circumstances. Plus, the litigation process can be difficult because life insurance companies typically are able to devote considerable resources to fighting claims in court. This is especially true for larger insurance companies with hefty legal departments. On top of this, insurance companies have made it a practice to cite instances of fraudulent claims in order to generate sympathy in court. These factors, and others, often make litigation an expensive and risky option.

The best strategy for dealing with the hurdles of litigation is to hire a competent, well-qualified attorney who is experienced in this area. A qualified attorney can work with you to determine the strength of your case and assist in identifying your best option. Depending on the situation, an attorney may recommend pursuing a settlement. Although a settlement will result in a lower benefit, it can save you time and energy. Of course, there is never a way to guarantee or ensure a specific outcome for a case, but we will work closely with you to determine your probability of success.

Common Reasons for Denial of Claims

As mentioned, life insurance companies will deny claims for a wide range of reasons. However, some reasons are more commonly cited than others. One common reason is a lapsed policy. This can happen when someone misses even a single premium payment on his or her policy. Another common reason is a “material misrepresentation” on the life insurance application. When someone takes out a life insurance policy, an application must be filled out which includes information about the insured person’s age, medical background, and so forth. The responses to this application are then used to determine eligibility, rates and so forth. If a policyholder misrepresents something on the application, then this can ultimately affect the viability of a claim in the future.

In some cases, the manner of death can affect the viability of a claim. For instance, if a policyholder commits suicide, this may be grounds for denial of a claim. Or, if the policyholder’s death was connected to the commission of a felonious act, then this may also serve as grounds for rejection.

Other factors – such as death during military service, death due to certain illnesses, etc. – can also complicate the viability of a person’s claim. Sometimes, an attorney can provide clarification of the circumstances of a situation and improve the viability of a claim. In any case, having an attorney review your case carefully is always a necessary part of the equation.

Work with a South Miami Life Insurance Dispute Firm Today

When a life insurance claim is denied, this can be a traumatic, deeply disappointing experience. But it’s important that you understand your options for disputing a denial and potentially putting forth a viable case to your insurance company. In this complex situation, you need the services of an experienced, competent law firm. The Trembly Law Firm has extensive experience in the area of life insurance disputes and is available to assist with your case. We can help assess your case and ultimately extract the maximum possible payout from your insurance company.

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