Denial of Life Insurance Claim Due to Claimed Material Misrepresentation in New York

Life Insurance Attorneys in New York

Denial of Life Insurance Claim Due to Claimed Material Misrepresentation in New York

Life Insurance Attorneys in New York

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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Our experienced attorneys have negotiated or litigated a wide variety of life insurance denial cases against major insurance companies.

Denial of Life Insurance Claim Due to Claimed Material Misrepresentation in New York

Understanding Material Misrepresentation in Life Insurance Claims

Losing a loved one is an incredibly challenging experience, and it can become even more overwhelming when a life insurance claim is denied based on alleged material misrepresentation. At Trief & Olk, we understand the complexities of these situations and are here to guide you through the process of seeking justice. Let’s delve into what material misrepresentation in life insurance claims entails and why it’s crucial to have a knowledgeable denied life insurance attorney in New York by your side.

The Contestability Period

After a life insurance policy is issued, there is a specific period during which the insurance company can review the application – this is known as the contestability period. If the policyholder passes away during this time, the insurance company has the right to investigate the information provided in the application. In New York, New Jersey, and Massachusetts, this period typically spans two years. During this period, the insurer can contest the policy and potentially deny the claim made by the beneficiaries.

Material Misrepresentation Explained

Material misrepresentation involves false statements or omissions in the life insurance application that, if known by the insurance company at the time of issuance, would have led to either a denial of coverage or the issuance of the policy with different terms, such as a higher premium or lower coverage amount. If the insurance company identifies alleged material misrepresentations in the application, they may deny the life insurance claim.

Material misrepresentations can occur in various sections of the application, including:

  • Life Insurance Application
  • Life Insurance Application for Renewal
  • Life Insurance Policy Amendment
  • Life Insurance Application for Late Enrollment

Common Material Misrepresentations

Some common examples of material misrepresentations include:

  • Failure to disclose doctor visits, hospital stays, or medical tests.
  • Inaccurate information about occupation and employment history.
  • Misrepresentation of financial status, assets, and income.
  • Falsifying age or providing incorrect information about tobacco or alcohol usage.
  • Concealing the existence of other life insurance policies.
  • Failure to disclose dangerous hobbies or traits.

It’s essential to understand that material misrepresentation hinges on whether the inaccurate information was substantial enough to influence the insurance company’s decision regarding the policy’s issuance and terms.

Why You Need Legal Representation

Dealing with a denied life insurance claim due to material misrepresentation can be incredibly distressing. Insurance companies may aggressively investigate claims during the contestability period, leaving beneficiaries feeling overwhelmed and confused. This is where the experience of a knowledgeable denied life insurance attorney in New York becomes invaluable.

Contact Us for Guidance

At Trief & Olk, we are well-versed in the intricacies of material misrepresentation cases. Life insurance is tightly regulated per state, and navigating these regulations can be complex. We offer free consultations to discuss your specific situation and provide you with the guidance and support you need to seek justice for your loved one. Don’t let a denied claim leave you feeling helpless – reach out to us today, and let us help you understand your rights and options. Your loved one’s legacy matters, and we are here to fight for it.

Avoiding Common Mistakes in Material Misrepresentation Denials

Facing a denied life insurance claim due to alleged material misrepresentation can be a daunting experience. In such challenging times, it’s essential to be informed and avoid common mistakes that may hinder your ability to obtain the rightful benefits. At Trief & Olk, we’re here to guide you through this process and help you avoid these pitfalls.

Understanding Material Misrepresentation

Material misrepresentation involves any false statements or omissions in the life insurance application that, if known by the insurance company at the time of issuance, would have led to different terms or possibly a denial of coverage. It’s a crucial factor that insurance companies investigate, particularly during the contestability period.

Mistake #1: Accepting the Denial Without Questioning

One of the most significant mistakes beneficiaries can make is accepting the denial without seeking legal guidance. Insurance companies have a vested interest in minimizing payouts, and their denial isn’t always the final word. Consult an experienced New York life insurance attorney to assess the validity of the denial and explore your legal options.

Mistake #2: Not Having a Skilled Trial Lawyer

Material misrepresentation denials can be complex, involving detailed investigations and legal proceedings. Without a skilled trial lawyer experienced in life insurance matters, you may struggle to navigate this intricate process. A New York life insurance trial lawyer can expedite the resolution by pushing the insurance company to negotiate a fair settlement.

Mistake #3: Hiring an Attorney Without Life Insurance Experience

Not all attorneys are well-versed in the nuances of life insurance law. When facing a material misrepresentation denial, it’s crucial to choose an attorney with specific experience in life insurance cases. An attorney who understands the complexities of these claims can significantly increase your chances of a successful outcome.

Mistake #4: Not Acting Promptly

Timing is crucial when dealing with a material misrepresentation denial. Insurance companies may try to delay or complicate the resolution process. A seasoned attorney can help expedite matters, ensuring that the insurance company takes your claim seriously and comes to the table more quickly.

Frequently Asked Questions: Denied Life Insurance Claims Due to Material Misrepresentation

Facing a denied life insurance claim based on alleged material misrepresentation can be overwhelming. To help you better understand your situation and what steps to take, we’ve compiled some frequently asked questions along with their answers:

Material misrepresentation involves any false statements or omissions made in the life insurance application that, if known by the insurance company at the time of issuance, would have resulted in different terms or possibly a denial of coverage.

Your claim may have been denied if the insurance company believes that there were significant inaccuracies in the information provided on the application, which they consider as material misrepresentations.

Common material misrepresentations can include:

  • Failure to disclose doctor visits, hospital stays, or medical tests
  • Incorrect information regarding occupation, employment history, or income
  • Misrepresentation of age, tobacco or alcohol usage, or the existence of other life insurance policies
  • Omissions about dangerous hobbies or traits

It’s essential not to accept the denial without question. Consult an experienced life insurance attorney who specializes in material misrepresentation denials. They can help you assess the validity of the denial and guide you through the legal process.

Yes, having a skilled trial lawyer with experience in life insurance matters is crucial. Material misrepresentation denials can be complex, often requiring legal proceedings to resolve. An attorney experienced in this field can expedite the process and negotiate with the insurance company on your behalf.

Yes, an attorney can still assist you even if your loved one passed away within the contestability period. They can evaluate the circumstances surrounding the material misrepresentation and contest the denial if the insurance company’s decision is not valid.

Yes, there are time limitations for pursuing legal action. It’s crucial to consult with an attorney promptly to understand your rights and ensure you meet any necessary deadlines.

Trief & Olk offers free consultations to discuss your case, review your denial, and provide guidance on your next steps. Contact us today to schedule your consultation and take the first step towards securing the benefits your loved one intended for you.

Denial of Life Insurance Claim Due to Claimed Material Misrepresentation Client Story

This client story is for educational purposes only.

In a quiet corner of New York, in a town filled with dreams and stories, lived a woman named Denise. Her life was simple yet filled with love and laughter, all thanks to her beloved husband, Oliver. They shared a bond that felt unbreakable, and nothing could dampen their spirits. Until that one fateful day when everything changed.

Denise and Oliver had always planned for their future. They wanted to make sure that no matter what happened, their family would be safe and secure. So, they decided to get a life insurance policy. They believed that it would be their safety net, ensuring that their loved ones would be taken care of if something unexpected were to occur.

Oliver, being the responsible man that he was, diligently filled out the life insurance application. He answered every question with utmost honesty, wanting to ensure that the policy would provide the financial support Denise and their children would need in case anything happened to him. Little did they know that this application would become the center of their world.

Tragedy struck when Oliver suddenly passed away due to a heart condition that no one saw coming. Denise was left in shock, mourning the loss of her loving husband while trying to pick up the pieces of her shattered life. During this challenging time, she turned to the life insurance policy they had so thoughtfully purchased together, hoping it would bring some comfort and stability.

But when Denise filed the life insurance claim, she was met with a devastating response. The insurance company had denied her claim, stating that there were material misrepresentations in Oliver’s application. They claimed that some of the information provided was inaccurate, and therefore, they were not obligated to honor the policy.

Denise was heartbroken, feeling as if her world had crumbled once more. She knew that Oliver had been truthful in his application, and she couldn’t understand why the insurance company would refuse to fulfill their promise during her time of need.

Desperate to seek justice for her late husband and provide for their family, Denise decided to seek legal help. She found solace and guidance in the experienced and compassionate attorneys at Trief & Olk, who specialized in life insurance matters.

The attorneys at Trief & Olk listened to Denise’s story with empathy and determination. They reviewed Oliver’s application meticulously, seeking to uncover the truth. They understood that Denise’s family depended on the life insurance benefits, and they were committed to making things right.
Through dedicated research and unwavering determination, the attorneys uncovered crucial evidence that proved Oliver had been entirely truthful in his application. They also found that the insurance company had failed to follow proper procedures during their investigation.

With this newfound information, Trief & Olk embarked on a journey to fight for Denise’s rights. They navigated the complex world of life insurance claims and material misrepresentation, representing Denise with professionalism and experience.

After tireless negotiations and legal proceedings, Trief & Olk succeeded in securing the life insurance benefits that Oliver had intended for Denise and their children. It was a victory that brought tears of relief and gratitude to Denise’s eyes.

With the support of Trief & Olk, Denise could finally find the peace and financial stability she had been searching for. The life insurance benefits provided a lifeline for her family, allowing them to move forward with love and cherished memories of Oliver.

Contact Our Experienced New York Life Insurance Lawyers for Help with Denial of Life Insurance Claim Due to Material Misrepresentation in New York

If you or a loved one have faced the unfortunate denial of a life insurance payout in New York due to alleged material misrepresentation, it’s crucial to understand that you have options and legal recourse available to you. The experienced New York life insurance lawyers at Trief & Olk are here to help you navigate this challenging situation.

When a loved one passes away during what is known as the contestability period, it’s not uncommon for the life insurance company to launch an investigation. This investigation aims 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, it can be disheartening.

However, it’s important to recognize that not all alleged misrepresentations are necessarily material. What one party may consider material, another may dispute. This is where an experienced life insurance lawyers in New York becomes invaluable. Our legal team at Trief & Olk is well-versed in the intricacies of life insurance claims and material misrepresentations.

We are dedicated to helping you appeal the life insurance claim denial and pursuing the life insurance benefits that you rightfully deserve. Often, the question of whether an alleged misrepresentation is, in fact, material can be a subject of debate. That’s where our experienced attorneys come in – we can apply the necessary legal pressure to ensure that the life insurance company fulfills its obligations.

At Trief & Olk, our experienced life insurance lawyers are committed to working diligently on your behalf. We understand that insurance companies are often willing to settle claims out of court, and we possess the litigation experience required to take your case to trial if that becomes necessary.

To get started, we offer free consultations, during which we can review your life insurance documents at no charge. Every case is unique, and our personalized approach ensures that we address your specific needs and concerns.

You don’t have to navigate this challenging situation alone. Contact us today, and let us assist you in pursuing the life insurance proceeds that your loved one intended for you. We are here to support you every step of the way, working tirelessly to secure the financial security and peace of mind you deserve during this difficult time.

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.

Kathleen Brown

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