Thousands of life insurance claims are denied each year by companies that say the policy application misrepresents facts about your loved one. The news media report that the amount of money denied to beneficiaries has doubled in the past decade. The reason isn’t one you’d suspect, such as foul play.

The rise in denied claims, and the reason some beneficiaries must file a life insurance denial lawsuit, is “material misrepresentation”. The insurance company can allege that your loved one did not complete a form or left something off a form, and choose to deny your claim. Many families have been left unable to make house payments or send their children to school because a life insurance policy claim was denied. They made every payment on the policy and insisted that they didn’t do anything wrong. Many claims are denied for reasons completely unrelated to the policyholder’s cause of death.

Instead of looking for flaws in the policy application, companies operating in states such as California have two years after you sign a policy to revoke coverage or deny claims. The most common alleged misrepresentations include age, income, tobacco or alcohol usage, employment history, occupation, assets, dangerous traits or hobbies, and other life insurance policies. When a claim is denied, remember that you have the right to negotiate with the company, even if it’s one of the largest life insurance companies in the U.S.

Life Insurance Denial Lawsuit

In some cases, only the threat of a lawsuit can bring a large life insurance company to settle with you and pay your claim. Many beneficiaries feel helpless and don’t know where to turn. You shouldn’t let a large company take advantage of you, even though dealing with a denied insurance claim is the last thing on your mind after losing a loved one. Dealing with insurance problems is easier when you work with a strong team that’s experienced in fighting for clients’ rights against big insurance companies.

After you contact us, if we feel you have a strong case for appealing a claim denial, a team of at least two senior attorneys will focus their energy on researching your situation. During your appeal, our experienced professionals will negotiate with the company in your best interests. If the appeal isn’t successful, our stable of experienced litigators can bring a life insurance denial lawsuit against the company, and will ensure you have your day in court.

Life Insurance Denial Lawsuit Services

Since 1987, the law firm of Trief & Olk has provided numerous legal services to a wide variety of clients. If you or a loved one has a legal need, please contact us to find out more specific information about our firm or for a free consultation to discuss how our firm can help to resolve your case. Our law offices can be reached via telephone at (212) 486-6060 or by completing our confidential online form. When you fill out the form, include a detailed and thorough description of your case. We look forward to serving your needs.

Before your loved one passed away, he or she decided to purchase a life insurance policy to ensure you wouldn’t be burdened with large debt and that you would have a promising future. Many grieving relatives and friends are shocked when a life insurance company decides to deny a claim, and they don’t always know where to turn next.

When your policy claim is rejected, you need to contact a life insurance denial attorney. We can help you understand the material misrepresentation that the company claims existed when your loved one purchased a policy or filed an additional document. Any alleged distortion, fallacy or discrepancy is considered a material misrepresentation, and will be used as a basis for denying your claim. Because these allegations are debatable, your attorney can negotiate with the insurance company and insist that it pay your claim.

Once you obtain legal services, the company may still choose to deny your claim. Don’t believe that a denied claim is the final decision. You still have numerous options to pursue your claim, including the appeals process, negotiations and eventually a lawsuit, if you have worked through all your other options. By procuring professional advice, you will have an excellent grasp of your probability of succeeding in getting the money owed to you by the company.

Life Insurance Denial Attorney

Beneficiaries aren’t just a number to us – we treat each new client with equal importance. In fact, when we accept a case, each client receives service from at least two senior attorneys. We pay personal attention to each and every case. Our attorneys always complete thorough research and pay great attention to detail, and that equals a better chance that your appeal or lawsuit will be a success. And by taking a team approach, we leverage the experience of our firm and its history of successful litigation.

We strive to help every new client navigate through the sometimes daunting process of reversing a claim denial. Don’t hesitate to contact us and speak with a life insurance denial attorney today. Keep in mind that there are time limitations in some states on claims, so you should contact us as soon as your claim is denied. Because so many life insurance companies are based in New York, New Jersey and Massachusetts, we are able to take cases from clients across the country. If your insurance company is located in one of these states, we’d like to hear more details about why your claim was denied.

Life Insurance Denial Attorney Services

Since 1987, the law firm of Trief & Olk has provided numerous legal services to a wide variety of insurance clients. If you or a loved one has a legal need, please contact us to find out more specific information about our firm or for a free consultation to discuss how our firm can help to resolve your claim denial case. Our law offices can be reached via telephone at (212) 486-6060 or by completing our confidential online form. When you fill out the form, include a detailed and thorough description of your case. We look forward to serving your needs.

When a life insurance claim is denied and the appeal is also denied, your next step is engaging in a life insurance claim lawsuit. At this stage, you need professional help from an attorney capable of successfully litigating against a big insurance company and receiving the payment that was originally provided to you by the policyholder.

Did you know that a claim denial may be based on an alleged misstatement that’s as simple as tobacco usage or dangerous hobbies? Other common misrepresentations of fact used by companies to deny claims are based on age, employment history, occupation, income, alcohol usage, assets and other life insurance policies.

Insurance companies have a set time period to investigate the honesty of statements made in life insurance applications and related documents. That contestability period for a life insurance policy varies by state. If your loved one dies during this period, expect that the company will launch an investigation as routine course. If your claim and appeal are denied, don’t be discouraged. You aren’t out of options. Our experienced attorneys are well-versed in life insurance policies, life insurance applications and insurance law. Many times, insurance companies will succumb to pressure from a reputable lawyer and settle out of court; that should be your first step when you feel that an appeal has been unfairly denied.

Life Insurance Claim Lawsuit

By using both negotiation and litigation tactics, you’ll increase your chances of receiving the sum owned you by the insurance company. If the company won’t settle, our professionals are capable of handling every stage and part of a life insurance claim lawsuit. Big insurance companies assume that most surviving loved ones won’t be savvy enough to hire an experienced attorney. Many alleged misrepresentations of fact are up for debate, so don’t assume your loved one made incorrect or fallacious statements. And don’t assume you can’t win against a big company.

Any life insurance policy agreed upon by both a policyholder and company requires certain legal obligations by the two parties, and it’s your responsibility to ensure the company doesn’t back out of its agreement. Our attorneys work hard to achieve the best possible outcome in each case we decide to pursue. By thoroughly researching the background of each specific situation, we make each case our first priority. Don’t allow a large company to pressure you into allowing it to breach the contract that it formed with your loved one.

Life Insurance Claim Lawsuit Services

Since 1987, the law firm of Trief & Olk has provided numerous legal services to a wide variety of clients. If you or a loved one has a legal need, please contact us to find out more specific information about our firm or for a free consultation to discuss how our firm can help to resolve your case. Our law offices can be reached via telephone at (212) 486-6060 or by completing our confidential online form. When you fill out the form, include a detailed and thorough description of your case. We look forward to serving your needs.

 

In Firestone Tire & Rubber Co. v. Bruch, the Supreme Court set forth a rubric controlling judicial review of ERISA benefit eligibility decisions.  Under Firestone, courts are to be guided by principles of trust law in evaluating the conclusions of plan administrators.  These principles of trust law require courts to review a denial of plan benefits under a “de novo” standard unless the plan provides to the contrary.  Plans provide to the contrary by granting the administrator or fiduciary discretionary authority to determine eligibility for benefits.  In such instances, a deferential standard of review is applied.

The question of whether a plan administrator’s exercise of power is mandatory or discretionary depends upon the terms of the plan.  To that end, there are no “magic words” determining the scope of judicial review of decisions to deny benefits, and discretionary powers may be granted expressly or implicitly.  However, to the extent a plan is ambiguous; it is construed in favor of the insured, and examined under a more favorable deferential standard.