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Recent blog posts

Posted by on in Law

 

Life Insurance Claims with Humana Insurance Company

Missouri recently reached a multistate regulatory settlement agreement with Humana Insurance Company whereby they agreed to pay $1.8 million in fines divided among 10 states and establish $2.7 million in a consumer restitution pool. Humana was requiring some employers to purchase group life insurance products with group medical insurance. Missouri Insurance Director John M. Huff stated, “Policyholders should be able to choose individual insurance products without insurers bundling products together.”

Missouri conducts countless market examinations and investigations of life insurance companies. These investigations include the way premium rates are charged, the way insurers handle claims and other responsibilities under state law. These reviews can result in refunds for consumers, fines and corrections in business practices, as well as other remedies. In the last five years, Market Conduct enforcement actions have generated nearly $20 million in payments from insurance companies. Don’t let the insurance companies get away with their questionable business practices. If you have been denied a claim, or if you are having trouble with your claim, contact the experienced life insurance and property insurance attorneys at Joseph & Eugene, LLC.

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 issues with your Humana 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 denied divorce insurance claims throughout Missouri and Illinois.

 

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Examinations Under Oath in Insurance Denial Cases

Life insurance and property insurance companies typically have the right to obtain information and material that might be in the insured’s possession regarding a claim through the examination under oath (EUO) process. The right to acquire an EUO comes from the insurance contract itself. Unlike a deposition where you can have an attorney make objections on your behalf, an insurance company is normally able to ask any relevant question without objections from your attorney. Life and property insurance companies will typically hire an attorney to ask you questions at an EUO. These are people with extensive knowledge in the property and life insurance fields and they know exactly what questions to ask. Without an attorney to represent your life or property claim you risk the denial of your claim. It is important to get an experienced attorney on your side prior to the EUO.

One strategy used by Missouri attorneys is to avoid the EUO and instead file a lawsuit. In Wells v. Farmers Alliance Mut. Ins. Co., the Court considered the question of whether an insured can avoid the assertion of non-cooperation by refusing to attend an EUO and instead filing a lawsuit. 2009 WL 1259977 at *3 (E.D. Mo., May 4, 2009). The court concluded that the jury should decide whether the insured satisfied the requirements of the insurance policy by avoiding the EUO and instead appearing at a deposition. In failing to attend an EUO the insured faces a substantial risk that the policy is canceled because they did not fulfill their end of the insurance contract by avoiding the EUO. When faced with the potential of an examination under oath in a life or property insurance case it is important to get an experienced attorney on your side.

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 requested to appear at an examination under oath. 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 denied life and property insurance claims throughout Missouri and Illinois.

 

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Beneficiary of Ex-Spouses Life Insurance Policy?

Are life insurance companies denying your case based on bad law? It wouldn’t surprise us if they were. We see it all of the time. One of the more common examples is in cases dealing with divorces. For some time prior to 2001 the law in Missouri read that if an ex spouse was listed as the beneficiary on a life insurance policy that he or she was automatically revoked as beneficiary upon the divorce. In part, the applicable statute, RSMo. 461.051, read as follows:

If, after an owner makes a beneficiary designation, the owner's marriage is dissolved or annulled, any provision of the beneficiary designation in favor of the owner's former spouse or a relative of the owner's former spouse is revoked on the date the marriage is dissolved or annulled, whether or not the beneficiary designation refers to marital status. The beneficiary designation shall be given effect as if the former spouse or relative of the former spouse had disclaimed the revoked provision.

Ex-spouses are denied their life insurance benefits all of the time based on the above statute. They were denied life insurance benefits on a policy based solely on the fact that the parties were divorced and the ex-spouses beneficiary status was automatically revoked by RSMo. 461.051. Life insurance companies conveniently forget to inform the you that this statute does not apply to all life insurance policies!

Generally speaking, if your divorce happened after 2001, there are ways to get around the automatic revocation found in RSMo. 461.051. Of course, there are exceptions and nuances in case law that would apply differently to every case. For that reason, it is important to contact an attorney experienced in life insurance matters. If you are the beneficiary of your ex-spouses life insurance policy contact our law office today to see if you have a claim to the benefits.

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 online 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 denied divorce insurance claims throughout Missouri and Illinois.

 

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Dealing with Denied Homeowner Insurance After a Fire

At Joseph & Eugene, LLC our experienced insurance denial attorneys receive numerous calls regarding denied property insurance claims. One of the more common complaints is that the homeowners insurance denied the claim after a home fire. On top of finding a new home for the family to live in, individuals are also battling insurance companies to pay for home repairs and the loss of personal property. Not only are these individuals without a home to live in, but they are often put through a lengthy investigation period that can drag on for months. It is common for homeowner insurance companies to request statements under oath, request phone records, and request bank records among other things. Throughout these investigations the property insurance companies are looking for reasons to deny the claim. We have received countless numbers of calls where the individual went through months of an investigation after a home fire only to be denied coverage. If you are in this situation don’t panic. You are not alone. There are hundreds of complaints against homeowner’s insurance companies in Missouri alone. You can read the report from the Missouri Department of Insurance here. If you are experiencing any of the following from your homeowners insurance company it is important to contact an experienced attorney immediately:

  1. Excessive Delays
  2. Unreasonable Requests for bank records, driving records, cell phone records, etc.
  3. Excessive interviews or examinations under oath
  4. A denial letter

At Joseph & Eugene, LLC our experienced attorneys concentrate their practice in insurance denial cases. We have helped our clients recover millions throughout Missouri. Call our experienced attorneys today for a free consultation.

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 property 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.

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

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Problems with an online Missouri Life Insurance Policy?

For a while it was commonplace for life insurance companies to offer no-examination policies that could be taken out online. We have seen these online life insurance policies being issued for as much as $500,000.00! More recently, we are seeing life insurance companies offering these online life insurance policies for lesser amounts and some companies have stopped selling these policies all together. One of the reasons life insurance companies have stopped selling these policies is from all the litigation that comes from no-examination online life insurance policies. If your loved one bought one of these online policies and you are being denied the benefits don’t fret! We can help you. We deal with these issues on a regular basis. You can talk to one of your experienced life insurance attorneys for a free consultation on your life insurance case.

I can’t even begin to tell you all of the legal issues that come up with no examination online life insurance policies. In this blog I will touch on one of the more common issues we see in these policies. If this is not the issue you are experiencing feel free to call our attorneys to speak about your specific problem.

Often times the person taking out the policy is not the insured. For example, a daughter takes out an online life insurance policy for her mother. The daughter took out the policy on the computer because her mom is not good with computers and the daughter used her personal email address because the mom does not use email. The insurance company took the premium payment for years, but when the mother passed they refuse to pay because the daughter took out the policy. The relevant Missouri Statute for this situation is as follows:

Life insurance policies, consent of insured required, exceptions--employers have insurable interest in employees, when, effects.

376.531. 1. No life insurance contract upon an individual, except a contract of group life insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being competent and of legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases…

Read the full Statute here: http://www.moga.mo.gov/statutes/C300-399/3760000531.HTM

In our above example, the daughter would need consent from her mom in writing to take out the policy. Often times life insurance companies will not make you aware of this requirement until it comes time to send the denial letter. If you are in this situation it is important to contact an attorney to preserve 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 have been denied your online 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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