Denied & Delayed Life Insurance Claims - FAQ
For What Reasons can a Life Insurance Policy be Denied?
There are lots of reasons that a life insurance policy can be denied or rescinded. The insurance company can state that there was a material misrepresentation, that there was a divorce, fraud or that a premium was missed. Here is the point to remember, life insurance claims are denied all of the time for reasons that are not valid. Do not let the life insurance company dictate what should and should not be paid. The sooner you hire an experience insurance denial lawyer, the sooner we can help make sure your life insurance claim is not denied or help to make your denied life insurance claim pay you the benefits you deserve.
What is the Life Insurance Contestability Period?
The contestable period is a reference to the amount of time that this life insurance company has to rescind a policy due to a material misrepresentation being made on the application or based upon fraud. In Missouri, the period for the life insurance company to do this is 2 years from the policy’s effective date. What this really means is that if the insured passes away within the first 2 years of the policy being taken out, the life insurance company will perform a thorough investigation into the application and application process to try and deny paying any benefits. It is in your best interest to hire an attorney if you are in the contestability period so as to ensure that you are protected.
What constitutes Material Misrepresentation on a Life Insurance Application?
A material misrepresentation on an insurance policy is anything that would have caused the insurance company to deny your application to begin with. However, the important aspect of this is that if the insured passes away, the material misrepresentation on the life insurance application must have been the cause of or must have contributed to the death of the insured. For example, if the insured lied on the life insurance application by stating that he was not a smoker but in fact was, and then dies of lung cancer, then the policy can be denied. However, if that same person dies from a car accident, then that misrepresentation is not material and the life insurance cannot deny the claim validly. To make sure that your rights are protected, it is wise to call for our free consultation as soon as possible.
What is Bad Faith or Vexatious Refusal to Pay?
The insurance company owes a duty of good faith to the insured and subsequently to the beneficiary. If the life insurance is denied for no good reason, or is denied for a reason that Missouri law does not allow, then the life insurance company can be on the hook for a severe penalty that includes all of the attorney fees. That would mean that we could work for you to get you more than you would be able to recover for yourself, and we would have all of our fees paid for by the insurance company that denied your life insurance claim. Call to see if we can help with your denied life insurance claim.
What is ERISA?
The Employee Retirement and Security Act of 1974 is a federal statute that is designed to place standards on employer sponsored benefits. If your employer gives you benefits, either short or long term disability, life insurance or accidental death and dismemberment insurance, then the ERISA statute is going to apply. If this is the case it is very important for you to contact an experienced lawyer to assist you as the federal statute is very precise and unforgiving.
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.
Joseph & Eugene, LLC
222 South Central Avenue, STE 1003
St. Louis, MO 63105