When a life insurance claim is denied due to a policy lapse, the situation can be both perplexing and distressing for beneficiaries. A life insurance policy is often purchased to provide financial security to loved ones, and a denial can feel like a betrayal of that promise. However, beneficiaries may have options to challenge such denials — including in New Jersey, where specific legal avenues can be explored.
Understanding Policy Lapse
A policy lapse generally occurs when the policyholder fails to pay the required premiums within the grace period provided by the insurance company. Most life insurance policies offer a grace period, typically 30 or 31 days, during which the policy remains active even if a payment is missed. If the premium is not paid by the end of this period, the policy may lapse, meaning the coverage terminates and the insurer is no longer obligated to pay out a death benefit.
Policy lapses can happen for various reasons. Policyholders might forget to make a payment due to illness or financial difficulties, or they might simply be unaware of the missed payment. In some cases, there may be a dispute about whether the insurer provided adequate notice of the lapse. Whatever the cause, when a claim is denied due to a lapse, it can leave beneficiaries in a precarious financial position.
Our experienced attorneys have negotiated or litigated a wide variety of life insurance denial cases against major insurance companies.
Grounds for Challenging a Denied Claim
Challenging a denied life insurance claim in New Jersey involves understanding the specific grounds on which such a challenge can be made. One potential ground is the argument that the insurer failed to provide proper notice of the impending lapse. New Jersey law requires insurance companies to send a written notice to the policyholder before a policy can lapse. If the insurer did not follow this protocol, beneficiaries might have a valid reason to contest the denial.
Another potential ground is the miscommunication or administrative error. If the policyholder believed that payments were being made through automatic deductions or another method, and there was a failure in the process, beneficiaries could argue that the lapse was due to an error beyond the policyholder’s control. This can be particularly relevant if the policyholder had a history of timely payments and the lapse seems out of character.
In some instances, policyholders may have become incapacitated or passed away before they could make the payment. In such cases, beneficiaries might argue that the insurer should have taken these extenuating circumstances into account before declaring the policy lapsed. This argument might be strengthened if there is evidence of the policyholder’s intent to keep the policy active, such as a history of consistent payments.
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
Legal Protections and Remedies
New Jersey law offers several protections and remedies for beneficiaries who wish to challenge a denied life insurance claim due to lapse. One key protection is the requirement for insurers to provide a grace period and adequate notice of lapse. If an insurer fails to meet these requirements, beneficiaries may have grounds to challenge the denial.
Additionally, beneficiaries can seek remedies through legal action. Filing a lawsuit against the insurance company can compel the insurer to provide a more thorough investigation into the circumstances surrounding the lapse. During litigation, it may be revealed that the insurer did not follow proper procedures, or that there were mitigating factors that should have been considered.
Beneficiaries can also explore the possibility of reinstating the policy. Some insurance policies include a reinstatement clause that allows the policyholder to restore the policy to active status within a certain period after it lapses, usually by paying the overdue premiums and providing evidence of insurability. If the policyholder passed away during this reinstatement period, beneficiaries might argue that the policy should still be honored.
The Importance of Legal Assistance
Navigating the complexities of challenging a denied life insurance claim requires a thorough understanding of insurance law and the specific terms of the policy in question. Beneficiaries may find it overwhelming to confront large insurance companies that have extensive legal resources. This is where seeking assistance from a law firm experienced in insurance disputes can be crucial.
A knowledgeable attorney can review the details of the case, identify potential grounds for challenging the denial, and represent the beneficiaries in negotiations or litigation. The attorney can gather evidence, such as payment records and correspondence with the insurer, to build a compelling case. Legal representation ensures that beneficiaries’ rights are protected and increases the likelihood of a successful outcome.
The Role of Evidence in Challenging a Denial
Gathering and presenting evidence is a critical aspect of challenging a denied life insurance claim. Beneficiaries should compile all relevant documents, including the insurance policy, premium payment records, and any correspondence with the insurance company. This evidence can help establish whether the insurer provided proper notice of the lapse and whether there were any extenuating circumstances that contributed to the missed payment.
In addition to documentation, witness testimony can also play a role in challenging a denial. Statements from family members, friends, or financial advisors who were aware of the policyholder’s intent to maintain the policy can support the argument that the lapse was not due to negligence or disregard. These testimonies can be particularly impactful if they highlight the policyholder’s efforts to make payments and the unexpected nature of the lapse.
Beneficiaries may also need to engage with specialists in insurance practices to provide insights into standard industry procedures and whether the insurer’s actions were reasonable. Testimony can bolster the case by demonstrating that the insurer did not act in accordance with industry norms or legal requirements.
The Process of Filing a Legal Challenge
Filing a legal challenge to a denied life insurance claim involves several steps. First, beneficiaries should consult with an attorney who can assess the viability of the case and outline the legal options. The attorney will then conduct a thorough review of the policy and related documents to identify any grounds for challenging the denial.
Once a case is established, the attorney will typically begin by negotiating with the insurance company. This might involve presenting the evidence and arguments in support of the beneficiaries’ claim and seeking a resolution without going to court. If the insurer remains uncooperative, the attorney can file a lawsuit on behalf of the beneficiaries.
During litigation, the attorney will represent the beneficiaries in court, presenting evidence and arguments to challenge the denial. This may involve depositions, discovery processes, and court hearings. Throughout this process, the attorney will work to ensure that the beneficiaries’ rights are upheld and that they receive a fair evaluation of their claim.
Potential Outcomes of a Challenge
Challenging a denied life insurance claim can lead to several potential outcomes. In some cases, the insurer may agree to settle the claim after reviewing the evidence and recognizing the validity of the beneficiaries’ arguments. This can result in the payment of the death benefit without the need for further legal action.
If the case proceeds to court, the outcome will depend on the judge’s evaluation of the evidence and arguments presented. A successful challenge may result in the court ordering the insurer to pay the death benefit. In some instances, the court may also award additional damages if it finds that the insurer acted in bad faith by denying the claim without proper justification.
Even if the challenge is not successful, the process can provide valuable insights into the reasons for the denial and highlight any procedural shortcomings on the part of the insurer. This information can be useful for beneficiaries who wish to pursue further legal action or seek alternative remedies.
Contact Trief & Olk Today
Beneficiaries facing a denied life insurance claim due to policy lapse in New Jersey have several potential avenues for challenging the denial. Understanding the legal protections, gathering evidence, and seeking legal assistance are critical steps in this process. The complexities of insurance law and the resources of insurance companies can make it difficult for beneficiaries to navigate these challenges alone.
If you find yourself in this difficult situation, the experienced attorneys at Trief & Olk are here to help. Our team is dedicated to advocating for beneficiaries’ rights and ensuring that insurance companies fulfill their obligations. Contact us today to schedule a consultation and discuss your case. Let us help you deal with the insurance company — and work towards securing the benefits you are entitled to.