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