Denial of Life Insurance Claim Due to Claimed Material Misrepresentation in New Mexico
Life Insurance Attorneys Helping New Mexico
They are efficient, honest and will achieve the best possible outcome. Farmers had rejected my claim twice and was unwilling to take a second look. Shelly was able to get them to pay the entire claim without going to court.. Highest recommendation.
- Kathleen Bryan
Trief & Olk is a superior law firm. Their attorneys and other legal professionals have a brilliant understanding of the law and the litigation process. They diligently perform their work in an efficient, strategic and cost-effective manner to ensure the best possible outcomes for their clients.
- Christopher Hughes
I contacted the Trief & Olk law firm regarding a life insurance issue. Shelly Friedland handled the matter swiftly, courteously and professionally. The issue was settled in my favor in a timely manner. I would highly recommend her and this firm to those in need of legal assistance .
- Jim Beha
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Denial Of Life Insurance Claim Due To Claimed Material Misrepresentation
Life insurance is a crucial financial safety net for families in New Mexico and across the United States. When a loved one passes away, it is expected that the insurance policy will provide the intended financial support to the beneficiaries. However, life insurance policies are not immune to disputes and challenges, especially when it comes to material misrepresentation in the application. If you find yourself in a situation where the life insurance company denies the policy’s benefits due to claimed material misrepresentation, it’s imperative to seek the assistance of our knowledgeable Life Insurance Lawyers that help in New Mexico. In this article, we’ll delve into the reasons behind such denials and why Trief & Olk is the law firm you need to turn to.
Contestability Period: What You Need to Know
After a life insurance policy is issued, there is a specific timeframe known as the “contestability period” during which the insurance company can review the policyholder’s application. In New Mexico, this contestability period lasts for two years. During this period, the insurance company can go back and scrutinize the information provided in the application, as well as any events that occurred.
If the insurer discovers that certain information was inaccurately presented in the application or if other significant developments arise during the contestability period, the insurance company has the right to “contest” the claim for benefits, which may result in the denial of payment to the beneficiaries.
Material Misrepresentation: What Does It Mean?
The crux of the matter when it comes to denied life insurance claims is often “material misrepresentation.” But what exactly does this term entail? Material misrepresentations are false statements, whether intentional or not, including omissions, that, had the insurance company been aware of them at the time the policy was issued, would have caused the company to either deny coverage or issue the policy at a higher premium and/or a lower amount of coverage.
Material misrepresentations can occur in various parts of the insurance process, including:
● Life Insurance Application: Failing to disclose doctor visits, hospital stays, or medical tests can be considered material misrepresentations.
● Life Insurance Application for Renewal: Any inaccuracies during the renewal process can also lead to a denial of benefits.
● Life Insurance Policy Amendment: Changes made to the policy may be scrutinized for material misrepresentations.
● Life Insurance Application for Late Enrollment: Late enrollments may face similar challenges if they contain material misrepresentations.
Common Examples of Material Misrepresentations
Some common examples of material misrepresentations that can lead to a denied life insurance claim include:
● Failure to disclose doctor visits, hospital stays, and medical tests.
● Providing inaccurate information about your occupation or employment history.
● Misrepresenting your assets and financial status.
● Falsifying your age, income, or history of tobacco and alcohol usage.
● Not disclosing the existence of other life insurance policies.
● Concealing dangerous hobbies or traits.
Why You Need Our Life Insurance Lawyers That Help in New Mexico
Life insurance is tightly regulated on a state level, including in New Mexico. The laws and regulations governing life insurance can be complex and may vary from state to state. This is why it’s crucial to have a knowledgeable attorney by your side to help you navigate the intricacies of life insurance law.
If you have been denied a life insurance claim in New Mexico due to claimed material misrepresentation, it is strongly recommended that you contact Trief & Olk’s experienced Life Insurance Lawyers that help in New Mexico. We are well-versed in state specific regulations and can provide the guidance and support you need to challenge the denial and seek the benefits you are entitled to.
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Avoiding Common Mistakes When Facing Denied Life Insurance Claims
Facing a denied life insurance claim can be incredibly challenging, especially when the reason behind the denial is claimed material misrepresentation. As Life Insurance Lawyers that help in New Mexico with extensive experience in handling such cases, we’ve seen numerous beneficiaries make certain mistakes that can further complicate the situation. In this section, we’ll discuss these common mistakes and offer guidance on how to avoid them.
1. Ignoring the Denial
One of the most common mistakes is simply accepting the denial without further action. Beneficiaries may feel discouraged or overwhelmed by the denial, leading them to believe they have no recourse. However, it’s crucial to understand that a denied claim doesn’t necessarily mean the case is closed. Hiring a life insurance trial lawyer helping in New Mexico can help bring the insurance company to the table and explore your options.
2. Failing to Seek Legal Assistance
Attempting to challenge a denied life insurance claim on your own can be a daunting task, especially when dealing with complex legal matters. Consulting a qualified attorney who focuses on life insurance claims can make a significant difference. An experienced lawyer can navigate the legal intricacies and ensure that your rights are protected.
3. Disposing of Important Documents
It’s essential to maintain all documents related to the life insurance policy and the denial. Beneficiaries should keep copies of the policy, the application, and any correspondence with the insurance company. These documents can serve as crucial evidence in the event of a legal dispute.
4. Delaying Legal Action
Time is of the essence in life insurance claim disputes. Insurance companies often use delay tactics to avoid paying out claims. By hiring a life insurance trial lawyer that can help in New Mexico, you can expedite the process and hold the insurance company accountable for their actions. Don’t wait too long to seek legal assistance, as there may be time limits on filing a lawsuit.
5. Communicating with the Insurance Company Without Legal Representation
Engaging in direct communication with the insurance company after a denial can be risky. Insurance adjusters may use your statements against you in an attempt to further deny the claim. It’s best to have a skilled attorney handle all interactions with the insurance company to protect your rights and interests.
6. Accepting an Unfair Settlement
Insurance companies may offer beneficiaries a lower settlement than they are entitled to, hoping that the beneficiaries will accept it out of desperation. An experienced life insurance trial lawyer that help in New Mexico can assess the true value of your claim and negotiate for a fair and just settlement.
Frequently Asked Questions (FAQs) Regarding Denied Life Insurance Claims Due to Material Misrepresentation
Facing a denied life insurance claim can be a challenging and confusing experience, especially when the denial is attributed to material misrepresentation. Here are some common questions beneficiaries often have in this situation, along with informative answers that can provide clarity and guidance.
What is material misrepresentation in the context of life insurance claims in New Mexico?
Material misrepresentation refers to any false statements, whether intentional or not, and omissions in the life insurance application that would have led the insurance company to either deny coverage or issue the policy with different terms (higher premiums, lower coverage) had they known of this information at the time of policy issuance.
My life insurance claim was denied due to material misrepresentation. What can I do now?
If your life insurance claim has been denied, it’s essential to seek legal assistance promptly. Contact a life insurance attorney who focuses on denied claims due to material misrepresentation. They can help you understand your rights, navigate the legal process, and advocate for your case.
Should I attempt to communicate with the insurance company directly after my claim is denied?
It’s generally advisable not to communicate with the insurance company directly after a denial. Insurance adjusters may use your statements against you. Instead, consult with an experienced life insurance attorney who can handle all interactions with the insurance company on your behalf.
Can I file a lawsuit against the insurance company for a denied life insurance claim?
Yes, you can file a lawsuit to challenge the denial of your life insurance claim. A skilled life insurance attorney can help you through the legal process and represent your interests in court.
How long do I have to challenge a denied life insurance claim in New Mexico?
It’s crucial to act promptly, as there may be time limits on filing a lawsuit. The exact time frames can vary, but your attorney will advise you on the specific deadlines related to your case.
What evidence should I gather to support my case in a denied life insurance claim due to material misrepresentation?
It’s important to collect and preserve all relevant documents, including the insurance policy, the application, and any correspondence with the insurance company. Your life insurance attorney can guide you on the evidence needed for your specific case.
How can hiring an attorney help me with a denied life insurance claim?
An experienced life insurance attorney can provide legal experience, negotiate on your behalf, and ensure that your rights are protected. They can also expedite the process and help you obtain a fair and just settlement.
Can the insurance company delay the process of paying the life insurance claim?
Many denied life insurance claim attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows you to pursue your claim without upfront legal fees, making it accessible to those who may be financially strained due to the denial.
What if I've made mistakes in my life insurance application unintentionally? Can I still challenge the denial?
Yes, even unintentional errors in your application can be addressed with the help of an attorney. They can assess your situation and determine the best course of action to challenge the denial.
Is it possible to negotiate with the insurance company to resolve the denied claim without going to court?
Negotiating with the insurance company for a fair settlement is possible, and it’s often the preferred outcome. Your life insurance attorney will work to achieve a resolution that benefits you without the need for a court battle.
Denial of Life Insurance Claim Due to Claimed Material Misrepresentation Client Story
This client story is for educational purposes only.
Donna and Joshua were inseparable. They met in their hometown of Albuquerque, New Mexico, and their love story was the talk of the neighborhood. They built a life together filled with laughter, dreams, and a shared love for the breathtaking New Mexico sunsets.
When Joshua unexpectedly passed away, Donna was left not only with a shattered heart but also with the daunting task of managing their finances alone. She remembered the life insurance policy they had diligently invested in for years, hoping it would provide some financial relief during such a devastating time.
However, her hope turned into despair when the insurance company denied Joshua’s life insurance claim, citing material misrepresentation. Donna was lost, confused, and overwhelmed. She didn’t know where to turn or how to fight this unjust decision.
Amidst her darkest hour, a glimmer of hope emerged when a friend recommended Trief & Olk, an experienced law firm focused on denied life insurance claims who can help New Mexico residents. With a trembling heart and a flicker of optimism, Donna reached out to the firm.
From the very first call, she felt a sense of reassurance. The compassionate voice on the other end of the line listened to her story with empathy, understanding every bit of her pain and frustration. They assured her that she wasn’t alone in this fight and that they would do everything in their power to help her.
As she met the team at Trief & Olk, Donna was struck by their genuine dedication to her case. They meticulously reviewed every detail of Joshua’s life insurance policy, leaving no stone unturned. With their experience in New Mexico’s intricate legal landscape, they crafted a strong case, highlighting the discrepancies in the insurance company’s reasoning for the denial.
Throughout the entire process, Donna felt supported and informed. The team at Trief & Olk kept her updated every step of the way, patiently explaining the legal intricacies and providing her with the guidance she desperately needed. Their unwavering commitment to justice gave her the strength to keep moving forward, even in the midst of her profound grief.
And then, after months of relentless advocacy, the moment she had been waiting for arrived. Trief & Olk successfully secured Joshua’s life insurance benefits for Donna, bringing a sense of peace and stability back into her life. Their dedicated efforts not only provided financial support but also restored her faith in the power of justice.
Contact Our Life Insurance Lawyers for Help with a New Mexico Denial of Life Insurance Claim Due to Claimed Material Misrepresentation
If you find yourself in the distressing situation of having a denied life insurance claim in New Mexico due to alleged material misrepresentation, you’re not alone. The experienced Life Insurance Lawyers that help in New Mexico at Trief & Olk are here to guide you through this challenging time. We understand the emotional and financial stress that such denials can bring, and we are committed to helping you seek the justice you deserve.
When a loved one passes away during the contestability period, you can expect the life insurance company to initiate an investigation to determine if any material misrepresentations were made on the life insurance application. If the insurance company denies the claim based on an alleged material misrepresentation, we are ready to assist you in appealing the life insurance claim denial.
It’s important to note that whether an alleged misrepresentation is genuinely material can often be subject to debate. That’s why having an experienced life insurance attorney by your side is crucial. We can apply the necessary pressure to the insurance company to ensure that they fulfill their obligations and pay the life insurance claim promptly.
Our team of seasoned Life Insurance Lawyers that help in New Mexico are dedicated to working diligently to secure the life insurance proceeds you rightfully deserve. We understand that insurance companies may be willing to settle out of court, and we have the litigation experience to take your case to trial if needed.
At Trief & Olk, we offer free consultations to discuss your denied life insurance claim and provide a thorough review of your life insurance documents without charge. Our goal is to ease your burden, alleviate your stress, and provide the legal support you need during this challenging time.
Don’t let a denied life insurance claim due to material misrepresentation in New Mexico leave you feeling helpless. Contact Trief & Olk today, and let us stand by your side to fight for the justice and financial security you and your loved ones deserve.
Client Reviews
If there is any possibility of winning your life insurance case – this is the place to do it for you. They are efficient, honest and will achieve the best possible outcome.
Shelly Friedland worked on my case where a life insurance policy had lapsed and was even a few days beyond the grace period. Farmers had rejected my claim twice and was unwilling to take a second look. Shelly was able to get them to pay the entire claim without going to court, and the full amount was deposited in my account within a couple months. Highest recommendation.