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Recent blog posts

Posted by on in Law

Life Insurance Claim Denied?

If you were denied on your life insurance claim, you should consider filing a life insurance lawsuit. When an insurance company denies a claim, the claim becomes closed. By suing the insurance company for wrongful denial, you give the company a reason to reopen your claim and negotiate a settlement. Life insurers often deny valid claims, hoping beneficiaries will give up and stop pursuing their claim. Once your life insurance claim is denied, the company has no reason to put any additional work into your case unless there is a threat of legal action. Filing a life insurance lawsuit can be an effective way to open negotiations and obtain a settlement. Often times, an insurer will negotiate a settlement just to avoid litigation.

Sometimes negotiations fail, if they do, you should consider hiring an attorney who can litigate the life insurance claim in court. If you have a valid legal claim to your denied life insurance benefits, a court can award you the compensation you are owed. However, you will not recover anything unless you file a lawsuit. Thus, whether the life insurance lawsuit leads to negotiations or litigation, filing one gives you a better chance of recovering benefits that were wrongfully denied.

Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.

Our Locations:

Joseph & Eugene, LLC

222 South Central Avenue, STE 1003

St. Louis, MO 63105

(o) 314.881.8338

(f) 314.863.6308

Get Directions.

Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois

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Posted by on in Law

Accidental Death & Dismemberment Plan and Plane Crashes

In a Missouri case, the beneficiaries of an Accidental Death & Dismemberment (AD&D) plan brought suit for breach of contract after an insured was killed in an airplane crash near a private landing strip. The trial court entered judgment in accordance with a jury verdict for the beneficiaries and the insurer appealed. On appeal, the Court of Appeals held that: (1) the AD&D policy provided coverage for loss while insured was riding as a passenger but excluded coverage while riding as a pilot or crew member; (2) the insurer had the burden of proving that the insured was a crew member of pilot; and (3) the insurer waived its argument that the exclusion applied by failing to present the issue to the jury.

The insured was employed as a chemical engineer. During his employment he obtained a group AD&D policy naming his two sons and his friend as beneficiaries. While flying in his single engine airplane, the insured was killed when the plane crashed on a private landing strip in Missouri. Only two people were found in the plane, the insured and his friend. The two men frequently traveled together and both were pronounced dead at the scene by the county coroner. There were no eyewitnesses to the crash. The aircraft, a dual control amphibious plane, was owned by the insured and was capable of being piloted from either the left hand or the right hand seat. Both men were capable of flying the airplane. The insured had a pilot’s license, but at the time of the crash, his license had expired. The friend had held a student pilot certificate for two years which had also expired.

The court determined that the issue for jury decision was whether or not the insured was a passenger at the time his airplane crashed. The court determined that the insurer bore the burden of proof on this issue as part of its concurrent burden of proving that the exclusion for “death while piloting an aircraft” applied to preclude coverage. After failing to present evidence supporting its contention that the insured was piloting the plane at the time of the crash, the court awarded AD&D benefits to the beneficiaries.

Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.

 

Our Locations:

Joseph & Eugene, LLC

222 South Central Avenue, STE 1003

St. Louis, MO 63105

(o) 314.881.8338

(f) 314.863.6308

Get Directions.

Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois

 

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Posted by on in Law

Life Insurance: AD&D Policies

In insurance, accidental death and dismemberment (AD&D) is a policy that pays benefits to the beneficiary if the cause of death is an accident. According to the Centers for Disease Control and Prevention, accidental deaths are the fifth leading cause of death in the U.S. as well as Canada. Some of the covered accidents include traffic accidents, exposure, homicide, falls, heavy equipment accidents and drowning.

It is important to carefully review the terms of an AD&D policy to understand what is covered, and under what time frames. There are several temporal limitations to recovery. For example, if a person is injured in an accident that later turns out to be fatal, the death must occur within a certain amount of time. In addition, to qualify for 100% of the dismemberment insurance, the injury may have to involve the loss of two limbs or both eyes. If you are a beneficiary of an AD&D policy and have been denied your accidental death benefit, you should contact an experienced life insurance attorney to hear about your recovery options.

Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.

Our Locations:

Joseph & Eugene, LLC

222 South Central Avenue, STE 1003

St. Louis, MO 63105

(o) 314.881.8338

(f) 314.863.6308

Get Directions.

Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois

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Posted by on in Law

Death Benefits Awarded to Surviving Spouse after Boating Accident

In a recent decision, a Missouri court held that a widower was entitled to accidental death benefits after his wife was killed in a boating accident. The amount of the award totaled in excess of $350,000. Two and a half years ago, the couple went on a boating trip at their vacation home in Vermont. Three of their four children joined
them for the trip. After spending the day at sea, the couple wisely decided to head back to shore as a storm was quickly approaching. While en route to shore, the boat collided with a jet skier. The collision caused the wife to fall overboard and come into direct contact with the boat’s propeller. She sustained severe injuries to her leg and torso. The wife died three days later.

Shortly after the wife’s tragic death, her husband filed for accidental death benefits. Both spouses had obtained life insurance policies on the others behalf five years prior to the accident. After a two-year long fight with the insurance company, a Missouri Appellate Court decided to award the husband death benefits. The insurance
company has filed an appeal that is currently pending.

If you have been denied on your life insurance or accidental death and dismemberment benefit, don’t be discouraged, contact an experienced life insurance attorney to hear about your recovery options!

 Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.

Our Locations:

Joseph & Eugene, LLC

222 South Central Avenue, STE 1003

St. Louis, MO 63105

(o) 314.881.8338

(f) 314.863.6308

Get Directions.

Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois    

 

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Posted by on in Law

Life insurance company denies benefits due to height

A woman is suing a life insurance company in a U.S. District Court for wrongful denial of her death benefit claim. In the complaint, the woman alleges that the insurance company improperly denied a $200,000 death benefit claim because it said her ex-husband listed the wrong height on his insurance application. The woman’s ex-husband was killed in a motor vehicle accident in 2013 and she filed the suit on behalf of their child. The ex-husband purchased a supplemental life insurance policy from a large life insurer several years before his death.

According to the suit, the insurer denied the claim on the basis that the ex-husband falsely indicated on his insurance application that he was 5 feet, 11 inches tall. The insurer, citing to the man’s medical records, stated the man’s actual height was 5 feet, 8 inches to 5 feet, 9 inches tall and that its medical underwriter would not have approved the man’s policy if he had stated his correct height on his insurance application. Among other things, the complaint alleges that the insurer denied the claim solely on the basis of a hyper-technical issue. An autopsy report revealed the man’s height was 5 feet, 10½ inches and a doctor indicated individual body height can change by as much as a half-inch over the course of a single day. The insurance company spokesman would not comment on the matter. All things considered, this will certainly be an interesting case to follow over the coming months.

If you have been denied on your life insurance or accidental death and dismemberment benefit, don’t be discouraged, contact an experienced life insurance attorney to hear about your recovery options!

Hire an Experienced Insurance Claim Denial Attorney

Our results speak for themselves. Our experienced insurance claim denial attorneys have never lost a case. At Joseph & Eugene, LLC our lawyers handle cases throughout Missouri and Illinois. Don’t delay if you have been denied your insurance claim. Contact our knowledgeable lawyers today at (314) 881-8338 or send us an Insurance Denial question. We look forward to hearing from you. All communications are returned promptly.

Our Locations:

Joseph & Eugene, LLC

222 South Central Avenue, STE 1003

St. Louis, MO 63105

(o) 314.881.8338

(f) 314.863.6308

Get Directions.

Life Insurance Denial Attorneys at Joseph & Eugene, LLC have nearly 50 years combined experience handling insurance claims throughout Missouri and Illinois    

Continue reading
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