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 times of loss and grief, the last thing you want to deal with is the denial of a life insurance claim. Sadly, this situation can arise if the insurance company believes that certain information was inaccurately presented in the policy application. At Trief & Olk, we focus on helping beneficiaries navigate the complexities of denied life insurance claims, specifically those based on claimed material misrepresentation. In this article, we will shed light on why it’s crucial to hire our New York experienced life insurance lawyers if your loved one’s policy has been denied due to alleged material misrepresentation.
The Contestability Period:
After a life insurance policy is issued, there is a specific window known as the contestability period during which the insurance company can review the application. This period varies from state to state, but in New York it lasts for two years. If the policyholder passes away within this period, the insurer can investigate the application for inaccuracies or omissions.
Material Misrepresentation:
One of the key reasons for denied life insurance claims is what we call “material misrepresentation.” These are false statements or omissions that, had the insurance company known about them when the policy was issued, could have led to a different decision – such as denying coverage or offering it at different terms. Material misrepresentations can occur at various stages, including the initial application, renewal, policy amendments, or late enrollment.
Common Material Misrepresentations:
It’s essential to understand what types of information are often subject to material misrepresentation claims:
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Health-related information: Failure to disclose doctor visits, hospital stays, or medical tests.
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Occupation and employment history: Providing inaccurate details about your job or employment history.
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Financial status: Misrepresenting your assets, debts, or financial status.
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Age and income: Providing incorrect information about your age or income.
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Tobacco and alcohol usage: Failing to disclose tobacco or alcohol use when required.
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Existing policies: Not mentioning other life insurance policies you may have.
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Dangerous hobbies or traits: Neglecting to mention hobbies or traits that could impact your risk profile.
Why Hiring an Attorney Matters:
Life insurance is heavily regulated at the state level, and the rules surrounding material misrepresentation claims can be complex. When your claim is denied due to alleged material misrepresentation, it’s in your best interest to consult with our New York life insurance lawyers. Our experienced team at Trief & Olk understands the intricacies of life insurance law, can help you challenge the denial, ensuring that you receive the benefits you deserve.
Related Blog Posts
Avoiding Common Mistakes When Facing Denied Life Insurance Claims
If you’ve recently been denied a life insurance payout due to claimed material misrepresentation, navigating this challenging situation can be overwhelming. At Trief & Olk, we understand the frustration and emotional stress that beneficiaries like you may experience. In this section, we’ll discuss some common mistakes that beneficiaries should avoid when dealing with denied life insurance claims, emphasizing the importance of consulting our New York life insurance lawyers to expedite the resolution process.
Mistake #1: Failing to Seek Legal Representation Early
Timing is Crucial: Insurance companies may be hesitant to cooperate, which can lead to delays in resolving your claim. To avoid prolonging the process and potentially losing out on the benefits you deserve, it’s crucial to consult with our life insurance lawyers that help in New York as soon as you receive a denial. Their expertise can expedite the resolution and bring the insurance company to the negotiation table faster.
Mistake #2: Attempting to Handle the Claim Alone
Complexities of Life Insurance Law: Life insurance law is intricate and varies from state to state. Attempting to navigate the legal complexities on your own can be daunting and may lead to further setbacks. Our New York life insurance lawyer san provide the guidance needed to understand your rights and the legal avenues available to you.
Mistake #3: Not Gathering Sufficient Evidence
Document Everything: To build a strong case against the denial, it’s essential to gather and preserve all relevant documents, including the policy, application, medical records, and any communication with the insurance company. A life insurance lawyer can help you compile the necessary evidence to support your claim.
Mistake #4: Ignoring the Contestability Period
Understanding Contestability: As previously mentioned, the contestability period is a critical factor in material misrepresentation claims. Beneficiaries must be aware of this timeframe and its implications. Your attorney can assess whether the denial falls within the contestability period and strategize accordingly.
Mistake #5: Delaying Action
Time is of the Essence: Life insurance claims have specific deadlines and statutes of limitations that must be adhered to. Delaying action can jeopardize your ability to challenge the denial effectively. Consult with our New York life insurance lawyers promptly to ensure you don’t miss any crucial deadlines.
Frequently Asked Questions (FAQs) Regarding Denied Life Insurance Claims Due to Material Misrepresentation
Facing the denial of a loved one’s life insurance policy can be a distressing experience, especially when it’s due to alleged material misrepresentations. Here, we address some common questions that beneficiaries in your situation often ask attorneys:
What is material misrepresentation in a life insurance policy, and why does it matter?
Material misrepresentation refers to false statements, whether intentional or unintentional (including omissions), made during the policy application process. If the insurance company believes that the policyholder provided inaccurate information that could have influenced their decision to issue the policy or set its terms, they may deny the claim. Material misrepresentation is a critical factor because it can lead to a policy being denied, voided, or modified.
What should I do if my loved one's life insurance claim is denied due to material misrepresentation?
If your claim has been denied, it’s essential to consult with our experienced life insurance lawyers. They can review your case, assess the reasons for the denial, and help you determine the best course of action to challenge the decision.
Is there a time limit for contesting a denied life insurance claim?
Yes, there are time limits involved. The contestability period, which varies by state but is typically two years in New York, New Jersey, and Massachusetts, allows insurance companies to review applications and contest claims during this period. It’s crucial to act promptly and consult with an attorney to ensure you meet any deadlines for challenging the denial.
Can a denied life insurance claim be reversed or resolved in my favor?
Yes, a denied life insurance claim can often be reversed or resolved in your favor, especially if you have a strong legal argument and supporting evidence. An experienced attorney can help you build a case, negotiate with the insurance company, or take legal action if necessary to secure the benefits you deserve.
What evidence should I gather to support my case?
To strengthen your case, gather and preserve all relevant documents, including the policy, application, medical records, and any communication with the insurance company. Your attorney will guide you on which specific evidence is needed to challenge the denial effectively.
How long does it take to resolve a denied life insurance claim?
The time it takes to resolve a denied life insurance claim can vary widely depending on the complexity of the case and whether negotiations are successful or legal action is required. An attorney can provide you with a more accurate timeline based on the specifics of your situation.
Do I need to hire an attorney to handle my denied life insurance claim?
While you are not required to hire an attorney, having legal representation can significantly increase your chances of a successful resolution. Life insurance law is complex, and an attorney can navigate the legal intricacies, negotiate on your behalf, and ensure your rights are protected throughout the process.
How much will it cost to hire a denied life insurance claim attorney?
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.
Can I still challenge the denial if the policyholder has passed away?
Yes, you can still challenge the denial even if the policyholder has passed away. In many cases, the beneficiary has the legal standing to contest the denial and seek the benefits owed to them.
How can I get started with resolving my denied life insurance claim?
To get started, contact an experienced denied life insurance claim attorney like those at Trief & Olk. They can provide you with a consultation, assess the merits of your case, and guide you through the necessary steps to challenge the denial and secure the benefits you rightfully deserve. Remember, time is of the essence, so don’t delay in seeking legal assistance.
Denial of Life Insurance Claim Due to Claimed Material Misrepresentation Client Story
This client story is for educational purposes only.
Ricardo’s world crumbled the day he lost his beloved wife, Silvia. Grief was already overwhelming, but it soon took a darker turn when he received a letter from the insurance company denying Silvia’s life insurance claim due to alleged material misrepresentation.
Silvia had been meticulous about her family’s financial security, so Ricardo couldn’t understand how this could happen. He was in a state of despair, grappling with the injustice of it all.
One evening, as Ricardo was drowning in paperwork and uncertainty, he stumbled upon Trief & Olk’s website. Intrigued by their promise to help people like him who had faced life insurance claim denials, he decided to reach out for assistance.
When Ricardo met with their experienced attorney, he found a ray of hope. The attorney listened intently as Ricardo poured out his heart, explaining how Silvia had diligently filled out the insurance application and how there could be no reason for the denial. The attorney reassured him that he was not alone in this battle and that they would fight for the benefits Silvia had intended for her family.
With Trief & Olk by his side, Ricardo’s journey to claim what was rightfully his began. The attorney immediately started investigating the case, gathering all the necessary documents, and digging deep to uncover the truth. They understood the pain and financial strain Ricardo was going through and were determined to make things right.
Weeks turned into months, and the legal battle was not without its challenges. But Ricardo never lost faith in his attorney’s unwavering commitment. He saw their tireless efforts, their dedication to justice, and their genuine empathy for his situation. It was not just a legal battle for them; it was a mission to help a grieving family.
Finally, after what felt like an eternity, the insurance company had no choice but to yield to the overwhelming evidence presented by Trief & Olk. Ricardo received the life insurance benefits that Silvia had intended for her family. It was a bittersweet victory, but a victory nonetheless.
As Ricardo looked at the check in his hand, he couldn’t help but feel profound gratitude towards Trief & Olk. They had not only fought for his financial security but had also provided him with the closure he so desperately needed. He knew that Silvia would be proud, knowing that her love and sacrifice had prevailed.
Contact Our New York Life Insurance Lawyers for Help with a Denial of Life Insurance Claim Due to Claimed Material Misrepresentation
If you have recently faced the denial of a life insurance payout due to alleged material misrepresentation, know that you are not alone in this challenging journey. The experienced New York life insurance lawyers at Trief & Olk are here to guide you through this difficult time and help you fight for the benefits you rightfully deserve.
Understanding the Contestability Period:
If your loved one passed away during the contestability period – typically two years in New York, New Jersey, and Massachusetts – the insurance company is likely to launch an investigation to scrutinize the life insurance application for any material misrepresentations. In case they deny the claim based on these alleged misrepresentations, it’s essential to seek legal assistance promptly.
Why You Need our Experienced Life Insurance Lawyers That Help New York:
The determination of whether an alleged misrepresentation is indeed material can be a subject of debate. Some of the examples mentioned earlier may not necessarily be material, and this is where our experienced New York life insurance lawyers play a crucial role. Our team at Trief & Olk has the knowledge and experience to apply pressure on the insurance company to honor the life insurance claim.
Our Commitment to You:
At Trief & Olk, we are committed to working tirelessly to secure the life insurance proceeds you rightfully deserve. We understand the complexities of life insurance law, especially in New York, and are well-versed in the tactics used by insurance companies to deny claims.
Free Consultations and Document Review:
We offer free consultations, allowing you to discuss your case with us and understand your legal options without any financial obligation. Furthermore, we will review your life insurance documents at no charge, providing you with a comprehensive assessment of your situation.
Negotiation and Litigation Expertise:
Insurance companies often prefer to settle claims outside of court, and our New York life insurance lawyers excel in negotiation. However, if necessary, we also have the litigation experience to take your case to trial, ensuring that your rights are protected every step of the way.
Contact Us Today:
If you’ve experienced the denial of a life insurance claim due to claimed material misrepresentation, don’t hesitate to reach out to us. Your peace of mind and financial security are our top priorities. Contact our New York life insurance lawyers today, and let us help you navigate this challenging situation and pursue the benefits your loved one intended for you and your family. You don’t have to face this alone – we are here to stand by your side.
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
