- Notify the Life Insurance Company as Soon as Possible
After the death of a loved one, the first step for beneficiaries is to notify the life insurance company. While the grief of losing a loved one can understandably cause delays, it is important to take immediate action to avoid missing any critical deadlines.
- Gather Necessary Documents: The insurance company will require a certified copy of the death certificate, proof of the beneficiary’s identity, and in some cases, evidence of the relationship to the deceased. Each insurer may have additional documentation requirements, so it’s essential to check the company’s specific guidelines.
- Submit the Claim Form: The claim form, which is available from the insurance company, should be filled out as thoroughly as possible. Ensure that every question is answered accurately and in detail, as incomplete forms can lead to delays in processing.
- Review the Policy’s Terms and Conditions Before proceeding with the claim, it’s crucial to carefully review the life insurance policy. Understanding the specific terms, exclusions, and coverage details can help you avoid unexpected complications down the line.
- Contestability Period: Many life insurance policies contain a contestability period, usually lasting two years from the policy’s inception. During this period, the insurer may investigate the circumstances surrounding the death more closely, especially if the cause of death is sudden or unclear.
- Exclusions in the Policy: Some life insurance policies contain exclusions related to certain causes of death, such as death resulting from hazardous winter activities, driving in dangerous weather conditions, or pre-existing health conditions. It is important to understand what the policy covers to assess whether there are any potential challenges in filing the claim.
- Know What to Expect in Terms of Delays and Denials While many claims are processed smoothly, there are instances where insurers delay or deny payment. Understanding the potential reasons for a delay or denial can help you prepare for the next steps.
- Lapsed Policies: A common reason for a life insurance claim being denied is a lapsed policy. If the deceased failed to keep up with premium payments, the insurance company may assert that the policy is no longer active, even if the death occurred during the policy’s term.
- Material Misrepresentation: Insurance companies may also deny claims if they believe the policyholder provided inaccurate or incomplete information on their application, such as undisclosed health conditions or activities that could increase risk.
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
- Take Action if the Claim is Denied or Delayed If you receive a denial or face an unreasonably long delay in receiving the death benefit, New York beneficiaries have legal options to challenge these decisions. It is essential to take timely action, as there are specific timeframes within which you must act.
- Appealing the Denial: The first step in challenging a denial is to formally appeal the insurer’s decision. In this case, the insurance company is required to provide a detailed explanation of why the claim was denied. Depending on the reason, you may need to gather additional evidence, such as medical records or statements from physicians, to support your case.
- Seeking Legal Help: If your appeal is unsuccessful or the insurance company continues to drag its feet, it is important to consult with an attorney who specializes in life insurance claims. At Trief Olk & Dror, our team has extensive experience helping beneficiaries in New York fight wrongful claim denials. We offer free consultations to assess your case and help you understand your legal options.
Settlements & Verdicts
- Know Your Rights Under New York Law In New York, beneficiaries are protected by strong consumer laws that prevent life insurance companies from acting in bad faith. These laws ensure that insurers treat claimants fairly and process claims in a timely manner.
- Bad Faith Claims: If an insurance company unreasonably delays or denies a claim without valid reasons, you may have grounds for a bad faith claim. Insurance companies that engage in bad faith practices can be held liable for damages beyond the death benefit.
- State Laws and Deadlines: New York law provides specific protections for beneficiaries, including deadlines for filing claims and penalties for insurance companies that do not act in good faith. Familiarize yourself with these laws so you can take immediate action if your claim is denied or delayed.
- Appeal Process and Legal Recourse If the insurance company continues to reject your claim despite your best efforts, the next step is to initiate legal action. The appeal process can be complex, and the evidence needed to support your case may be overwhelming, but legal recourse is an option.
- Litigation: In some cases, it may be necessary to file a lawsuit against the insurance company to secure the death benefit. Our team at Trief Olk & Dror can guide you through the litigation process and represent your interests in court.
- Consultation with a Lawyer: A lawyer can help you assess the situation, gather the necessary documents, and prepare a strong case. Legal professionals are skilled in handling complex insurance issues and can help increase your chances of a favorable outcome.
- Seek Professional Legal Guidance The life insurance claims process can be intimidating, especially after the loss of a loved one. Working with a skilled attorney is crucial to ensuring that your claim is filed correctly and that you pursue all available options for securing your rightful payout.
- Free Consultation: At Trief Olk & Dror, we offer a free consultation to help beneficiaries in New York understand their rights and navigate the life insurance claims process. Our experienced attorneys can help you prepare for every step of the process and advocate on your behalf if your claim is delayed or denied.