When a life insurance claim is denied and the appeal is also denied, your next step is engaging in a life insurance claim lawsuit.
Legal Blog
View our posts regarding a variety of legal topics related to Life Insurance Lawsuits
Filing a life insurance claim after your loved one passes away isn’t always simple. Once you’ve worked through the system and lodged a claim with the insurance company, there’s still a chance it will be denied.
The rise in prescription drug use in the United States has had a direct impact on life insurance claims. The Center for Disease Control recently released figures, from May 8, 2013, that indicate that over 22,000 deaths occur from pharmaceutical drugs each year, of which over 16,500 are related to opioid analgesic overdoses.
In assessing life insurance claims, insurers routinely use “independent” or “outside” consultants to substantiate their positions. When litigation arises, discovery into these individuals typically centers on their compensation. Trief & Olk recently had success arguing that beyond plain compensation figures, the number of claims reviewed and subsequent denial statistics were integral in evaluating potential biases.
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.
In the states of New York, New Jersey, and Massachusetts, insurance companies have two years from the date a life insurance policy is issued to contest its validity. This “contestability” period affords insurers the opportunity to investigate any potential misrepresentations on the insured’s policy application.
Employees and their families often rely on their employer’s benefit plans to provide a variety of insurance protections, including life insurance, health insurance, accidental death and dismemberment, and other forms of insurance coverage.
New York and New Jersey insurance law, as well as the law of many other states, requires that all insurance policies include a standard incontestability clause.
We recently secured a victory in court for our clients when we represented the sons of their deceased mother. The insurance company had issued two life insurance policies totaling $1,500,000 covering the deceased mother’s life…
Most life insurance policies include a grace period during which the policy remains effective despite an outstanding premium payment. The grace period provides protection to customers against life insurance claim denials by the insurance company if a premium payment is late.