Please let us know your name.


Please let us know your email address.


Please write a subject for your message.


Please let us know your message.


Invalid Input



Recent blog posts

Posted by on in Law

Wrongful Denial: Factors Courts Consider

When an insurer denies a claim for accidental death benefits, beneficiaries can sue for wrongful denial. In Missouri, beneficiaries have prevailed in wrongful denial actions and received accidental death benefits. In an action against an insurer to recover accidental death benefits, the most important factual issues will relate to the manner, cause, and circumstances of the insured's death. Evidence relating to these matters will ordinarily be required to show whether the insured's death was accidental within the meaning of the policy provisions under which the action is brought, whether there was a sufficient causal relationship between accidental injury and death, whether any additional conditions of coverage relating to the physical circumstances of the insured's death were met, and whether the insured's death resulted from causes or occurred in circumstances expressly excluded from the scope of coverage.

If you are the beneficiary of an Accidental Death and Dismemberment (AD&D) or Life Insurance plan and have been denied on your claim for benefits, you still may be entitled to compensation under your plan. It is important to consult an attorney who can assess your recovery options and help you get 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 havenearly 50 years combined experience handling insurance claims throughout Missouri and Illinois

Continue reading
Hits: 1047
0

Posted by on in Law

Accidental Death Benefits and Drug-Related Death

In a recent case, the 8th Circuit held that an insured's death, caused from mixed prescription drug intoxication, was accidental and the insurer was required to pay accidental death benefits under its Accidental Death & Dismemberment (AD&D) plan. The husband, who was initially denied on his claim for his wife's death, sued the underwriter of the plan. The court was persuaded by proof in the form of the death certificate, autopsy report, insurance medical records, prescriptions records, and evidence relevant to the wife's state of mind, her relationships with family and an an upcoming scheduled surgery. For the court, the totality of the evidence tended to show that the wife did not intend to take her own life. Therefore, it deemed the death an accident and elected to award accidental death benefits to the husband.

The death of a loved one is a traumatic event, one that can have a massive impact in a person's life. It is important, as a beneficiary of an AD&D plan, that you timely file your claim. In the event of a denial from an insurance company, you should consult an attorney that will fight to ensure you recieve all of the compensation you are owed.

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 Ave, STE 1003

St. Louis, MO 63105

(o): 314.881.8338

(f): 314.863.6308

Get Directions.

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

Continue reading
Hits: 1208
0

Posted by on in Law

Life Insurance Policy Exclusions: Always Know What's Covered

Recently, it was reported that a man was denied life insurance benefits after his wife died from a three-month bout with breast cancer. The policy, for $200,000, was taken out six years before the wife's sudden and unexpected death. The man's claim for benefits was denied on the basis of the wife's death due to illness not constituting an accident under the life insurance policy. Assuming that he had filed a valid claim for benefits, the man was shocked and furious to learn that insured denied his claim. The life insurance company was able to rely on a policy exclusion against illness and other unforeseen occurences to avoid paying benefits. A common tactic frequently utilized by life insurance companies.   

It is important that you read all of the provisions contained in your life insurance policy. Insurers carefully craft these policies to hedge their bets and ensure they reduce their risk of payment on claims. As a result, these policies often carve out narrow exclusions for illnesses and other occurrences lay people assume are covered. These exclusions can have an enormous impact on whether you are entitled to benefits. Typically,  an accident must occur in order for an insurer to pay death benefits. The term "accident" is frequently litigated in cases involving denials. An insurer will try to narrowly define "accident" to reduce its liability. It is important to know what your life insurance policy covers and what it does not so always read your policy carefully.  

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
Hits: 1102
0

Posted by on in Law

Researching your insurance company?

Missouri recently became the 5th state to allow consumers to search their database to view insurance company filing records. Missouri Revised Statutes 610.021 through 610.035 states that most public records are available for inspection or copying. You can visit the new website to do your own research at:

https://filingaccess.serff.com/sfa/home/mo

The public can now access such things as filings for rates, rules and forms. There is no charge when doing searches. You can also search these files using a computer kiosk located within the Missouri Department of Insurance. These kiosks are only available by appointment during normal business hours.

If you are having trouble with your life insurance claim it is important to contact an attorney immediately. In addition to speaking with an attorney, it is usually good practice to do your own research. In addition to our website, the Missouri Department of Insurance has a lot of good information on their website for consumers.

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 are denied a life insurance policy. 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
Hits: 1213
0

Posted by on in Law

 

Are you the beneficiary of your ex-spouse’s retirement plan or life insurance?

If so, you might be able to claim the benefits even though the divorce has been finalized. In 2009 the Supreme Court issued an opinion in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan addressing beneficiary designations on retirement plans and life insurance policies and the effect of a divorce on such designations. 555 U.S. 285, 129 S.Ct. 865, 172 L.Ed.2d 662 (2009). Ultimately, the Court ruled that DuPont had a duty under ERISA to follow the savings and investment plan’s (SIP) beneficiary designation even if the waiver incorporated into the divorce decree was conflicting. This is often referred to as the plan documents rule. The Court’s reasons for applying the plan documents rule is for a “straightforward rule of hewing to the directives of the plan documents” and has virtues of “simple administration, avoiding double liability, and ensuring that beneficiaries get what’s coming quickly, without the folderol essential under less-certain rules.” Id. at 857-76.

In 2010, the Court in Matschiner v. Hartford Life and Accident Insurance Company stated that a plan administrator was required to pay ERISA life insurance plan proceeds pursuant to the beneficiary designation form signed by the participant designating the former husband as beneficiary, rather than follow the divorce decree, which divested former husband of his beneficiary rights to the life insurance proceeds, where the plan provided that the beneficiary designation form controlled. 622 F.3d 885. (8th Cir.2010).

Of course, with every rule, there are always exceptions and pitfalls that you must avoid. That is why it is important to get an attorney involved early in your case to preserve your rights. One such exception deals with qualified domestic relation orders, commonly referred to as a QDRO. By speaking with an experienced attorney you can prepare for the potential pitfalls.

If the ERISA plan administrator is stating that your divorce removed you as the beneficiary on a life insurance policy or retirement account, it is important you contact an attorney immediately to protect your rights.

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 are the beneficiary of your ex-spouse’s retirement plan or life insurance policy. 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
Hits: 1543
0