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Recent blog posts

Posted by on in Law

Litigating Accidental Death Benefits

Generally, an accidental death and dismemberment plan will be required to pay death benefits in situations where the insured’s death is the result of an accident. All insurance companies limit their exposure to accidental death claims by stipulating the specific causes of death and conduct of the insured that subjects the insurance company to liability. In Missouri, evidence that the insured's conduct involved a risk of death which was sufficient to render the insured negligent or even reckless, respecting that risk will not necessarily preclude a finding that the insured's death was accidental, and the plaintiff will not be required to show that the insured was not negligent or  reckless in order to prevail on this issue.

Thus, in order to show that the death of an insured apparently resulting from a voluntary act was accidental, the plaintiff will not be required to negate the existence of any significant probability of death. It will be sufficient to show that the probability of death was not so great that the death of the insured would be described by the average person as a natural or probable consequence of the insured's conduct.

If you are the beneficiary of a life insurance or accidental death and dismemberment plan and were denied accidental death benefits, you should consult an attorney who will fight to get you the compensation you deserve.

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: Contesting a “Change of Beneficiary”

Under a life insurance contract, payment must be made to a beneficiary as directed by the terms of the policy. An insured, however, may reserve the right to change the beneficiary under the contract. If the insured elects to change beneficiaries, the second beneficiary will be entitled to death benefits and the first beneficiary’s interest will be terminated. However, the first beneficiary may contest the validity of the change by reason of the insured’s incapacity or the exertion of undue influence.

The capacity required is the same as that required to make a will. Thus, at the time the insured changed beneficiaries, he or she must have had sufficient understanding to comprehend the nature of the transaction, the nature and extent of death benefits, and to whom he desires to give it, without aid of any other person. On the other hand, “undue influence” is usually defined as such overpersuasion, coercion, force, or deception that breaks the will power of the insured, placing it into the hands of another. In determining whether there is evidence of undue influence, a court does not have to find the insured  to be of unsound mind. Therefore, one may be unduly influenced while still mentally competent.

If you have been denied on life insurance or accidental death and dismemberment benefits, you should consult an 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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Posted by on in Law

Life Insurance: Accidental Death Benefit Rider and “Double Recovery”

An accidental death benefit rider is a provision within a life insurance policy that can provide an additional death benefit if the insured’s death occurs as a result of an accident. Known as “double recovery”, Missouri courts have awarded double death benefits to beneficiaries of policies containing accidental death benefit riders. Generally, individuals who work in potentially dangerous or hazardous environments, like construction, mining, or air travel,  will obtain a life insurance policy equipped with one of theses riders.

In the event of the death of a loved one, it is important to know your recovery options. Life insurance companies will often deny valid claims for accidental death benefits. Depending on the policy and whether or not it contains an accidental death benefit rider, you may be entitled to double recovery. If you have been denied on your claim for  death benefits, you should consult an attorney who will fight to get you the compensation you deserve.

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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Posted by on in Law

Life Insurance and Divorce

In the event of a divorce, a person may be required to be a named beneficiary of a life insurance policy pursuant to a divorce decree. Courts will often impose this requirement to protect the welfare of surviving children who remain under the care of the former spouse. When a divorce decree requiring the insured to maintain a former spouse as beneficiary of a life insurance policy has been violated, such as when the insured changes beneficiaries, the former's spouse's standing to maintain an action to recover the benefits is based on the former spouse's vested equitable interest in the proceeds.  

Similarly, a child ordered to be maintained as beneficiary of a life insurance policy under a divorce decree acquires an equitable interest in the insurance benefits. If the life insurance obligation has been violated, the child may be entitled to enforce the insurance provision by maintaining an action to recover the benefits of an insurance policy under which another person is named beneficiary.

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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Posted by on in Law

Life Insurance: Widow of man who died of an infected tick bite receives $256,000 settlement

The widow of man who died of an infected tick bite recently recovered a $256,000 settlement from a life insurance company. The man, an avid, hunter, was bit by a tick on his knee during a hunting trip. Within a week, the man's knee became severely infected and he died about two weeks after the tick bite. The widow was the named beneficiary under her husband's accidental death policy providing $250,000 in death benefits. After the widow demanded the proceeds, the insurer responded with a series of delays in investigating the cause of the death, an all too common occurrence in the life insurance industry.

Finally, after contacting the coroner and reviewing the man's autopsy report and hospital records, the insurer concluded that the man's death was accidental and covered under his policy. As a result, the insurer decided to forego trial and settle the claim, paying the widow $250,000 in death benefits plus $6,000 in interest.

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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