Losing someone you love is already hard. When life insurance is supposed to help but the company says no, it can feel like being hit twice. That’s what happens when a claim gets denied because of something called “material misrepresentation.” If you’re in Massachusetts and a life insurance company denied your claim using those words, you may be wondering what it really means—and what you can do about it.
What Is Material Misrepresentation
Material misrepresentation is when the insurance company says the person who passed away didn’t tell the truth on their application. It might be about their health, their job, or something else the company says was important in making their decision. The company says if they had known the truth, they wouldn’t have issued the policy or they would’ve done it differently.
But here’s the thing. Not every mistake or missing fact is a lie. Sometimes people don’t even know something is important. Other times, the questions are hard to understand or the answers are vague. That’s why Massachusetts law gives you a chance to fight back when a denial doesn’t feel right.
What the Law Says in Massachusetts
In Massachusetts, life insurance companies only have a short time to look for these kinds of issues. It’s called the “contestability period,” and it’s usually two years. After that time, they can only deny a claim if they can prove the person lied on purpose.
If the policy is less than two years old, the company has more freedom to look for reasons not to pay. But they still have to prove the information was wrong and that it really mattered to their decision. If they can’t do both, they may have no right to keep that money from you.
When You Should Speak Up
If your claim was denied because of misrepresentation, don’t take it at face value. Insurance companies can make mistakes. They sometimes stretch the truth to protect their bottom line. Maybe your loved one didn’t know a diagnosis yet. Maybe the application was filled out by an agent. Maybe the missing detail wasn’t big enough to change anything.
If something feels off, it probably is. That’s the moment to look closer.
What You Can Do About It
In Massachusetts, you have the right to file a lawsuit if you believe the denial wasn’t fair. You don’t need to prove your loved one was perfect. You only need to show that the reason for the denial doesn’t hold up. That might mean proving the information was correct after all, or showing the company wouldn’t have made a different decision anyway.
It can feel like a big task, especially during a time of grief. But you’re not alone. This kind of lawsuit isn’t about getting more than what’s fair—it’s about getting what’s right.
We contacted Trief, Olk & Dror to help us with a life insurance issue and Shelly Friedland was the attorney assigned to our case. Before Shelly took our case she explained to us that the likelihood of our success without going to court was possible but not likely. Unfortunately we did not get the outcome we had hoped for but it was our decision to not move forward and have our case litigated. Shelly is very knowledgeable and was very straight-forward in her assessment of our case as we moved forward. She was very patient and thorough in answering our questions. She always responded in a timely manner and listened to our concerns. We would certainly recommend Shelly and would use her firm again in the future.” - John Ramig 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 Trief, Olk & Dror 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
Why This Matters
When insurance companies wrongfully deny claims, they hurt people who are already hurting. That money might be needed to pay the mortgage, care for children, or cover final expenses. And when one person wins a case like this, it can stop the same thing from happening to someone else.
If you walk away, they win. If you step forward, you give yourself a real shot—and you send a message that families in Massachusetts won’t be pushed around.
What a Lawsuit Looks Like
Every case is a little different, but most follow a similar path. First, you gather what you have: the denial letter, the policy, any medical records, and the application. Then a legal team can look at it all and help you figure out if the company did something wrong.
If the case has merit, the next step is to file a complaint in court. From there, it may settle before trial, or it might go all the way to a judge. Either way, it’s about fighting for the truth.
You Don’t Have to Have All the Answers Right Now
It’s okay if you’re unsure what to do. These letters from insurance companies use words that feel cold and confusing. They talk about “inaccuracies” or “omissions” as if your loved one did something wrong. It’s hard not to take it personally. But remember, they are doing what they do best—protecting their money. That doesn’t mean they’re right.
You don’t have to know the law. You just have to know your story. You were promised something when that policy was issued. And if that promise was broken without good reason, you may have a right to make it right.
Settlements & Verdicts
Common Reasons They Use to Deny Claims
We’ve seen many types of denials over the years. Sometimes the insurance company says the applicant failed to report a past illness. Other times, they say there was false information about smoking or medications. They may even point to vague answers on routine questions. What’s important is this: they must prove it mattered.
If your loved one didn’t know about a condition at the time of the application, that’s not fraud. If they relied on an agent to fill out the form and that agent made a mistake, that’s not your fault. If the missing or mistaken fact wouldn’t have changed the decision to insure, the company doesn’t have the right to back out now.
What the Court Will Look At
If this goes to court, the judge will ask two things. First, was the information wrong? And second, would the company have acted differently if it had the right information? Both questions must be answered clearly.
That’s where your lawyer comes in. A good legal team will gather the facts, request records, and speak with experts. They will piece together the full picture and show where the denial falls short. It’s not about arguing emotions—it’s about proving the truth with facts.
Time Matters in These Cases
Massachusetts has laws that limit how long you have to file a lawsuit. That clock starts ticking from the date of the denial. If you wait too long, you may lose your right to bring the case at all.
That’s why even if you’re not sure yet, it’s smart to talk to a legal team sooner rather than later. A short call can help you understand your options, and you don’t have to commit to anything just to ask questions.
You Deserve Clear Answers
We’ve met too many people who walked away from valid claims because they felt overwhelmed or intimidated. But once they heard the truth, many of them realized they had a real case. Don’t assume the insurance company has the final say. They don’t. That decision can be tested—and often, it can be overturned.
What Happens If You Win
Winning a case like this doesn’t just mean money. It means peace. It means knowing the promise made to your loved one was honored. It means giving your family the support that was meant to be there when it mattered most.
Sometimes cases settle before they even reach trial. Other times, it takes longer. Either way, a win shows the company they can’t bend the rules without being challenged.
When It’s Time to Take the Next Step
Filing a lawsuit may sound scary, but it starts with just one conversation. If your life insurance claim was denied in Massachusetts because of material misrepresentation, we invite you to talk to someone who knows this road well.
At Trief, Olk & Dror, we help people take back their peace of mind. You don’t have to carry the burden alone. Let’s talk about what happened. If we believe there’s a path forward, we’ll walk it with you—step by step.
To learn more about this subject click here: Massachusetts Law: Overcoming Life Insurance Denials for Misrepresentation Claims
