Life Insurance Claims
Life Insurance Claims

Many different kinds of life insurance policies exist, and there are many different ways in which insurance companies attempt to deny life insurance claims. Of course, not every kind of policy or claim denial can be discussed on this website, so we encourage you to give us a call to discuss anything and everything pertaining to life insurance. That said, however, here are a few examples of the many things one must keep in mind when it comes to life insurance.

Life insurance applications are critical, as life insurance companies commonly strive to deny life insurance claims (via policy rescission) based on purported application misrepresentations. One must be careful to fill out the life insurance application completely and accurately, especially when it comes to past medical history. Our life insurance claim lawyers can help with this. If the application has already been completed and submitted and the carrier has denied a subsequent claim (via policy rescission) based on purported application misrepresentation, there are many different legal hurdles the insurance company must clear in order to succeed with such a denial. Our life insurance claim attorneys are well-versed in these legal hurdles.

Another common basis for denial of life insurance claims is alleged suicide or negligence (e.g., fatal car crash allegedly caused by drunken driving). These kinds of claim denials are very fact-intensive and often require expert (e.g., medical, forensic, toxicological) analysis of the facts. Our life insurance claim attorneys can assist with putting facts into the proper legal focus and arranging any expert assistance needed to facilitate a successful result.

Another common basis for denial of a life insurance claim is alleged lapse in premium payment. These kinds of claim denials are often logistical or administrative in nature. And claim denials based on logistical or administrative confusion are often resolvable via a statutory tool called a Civil Remedy Notice (“CRN”). The Merlin Law Group is well-experienced in drafting CRNs.

How Do You Find Out Whether The Deceased Had Life Insurance?

 

Life Insurance Claim Articles

Claiming Your Life Insurance Policy

By Nicole Vinson, Esq.

If you have not yet purchased a life insurance policy and are interested in doing so, it is critical that you diligently and thoroughly read through the document, ensuring all information and facts are correct. If you are coping with the loss of a loved one shortly after the life insurance policy was issued, the insurance company might possibly suggest something known as the contestability clause.

In most states, there is a 1-2 year window that is referred to as the insurance company's contestability time. This indicated window of time is when the insurance company can evaluate the information on the application and decide whether those facts are in fact enough for the insurance company to deem the insurance coverage proper.

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Combating Carrier Delay

By Jeffrey L. Greyber, Esq.

All too often, potential clients find themselves dealing with insurance company foot dragging.  The most common example of foot dragging is the insurance company’s taking an inordinate amount of time to provide the policyholder with the most simple of documents, the policy.  Well, what to do about that?  No need for me to reinvent the wheel … here is an article entitled Claim Delay 101 that I published in December 2013: 

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How Do You Find Out Whether The Deceased Had Life Insurance?

By Jeffrey L. Greyber, Esq.

When a family member or friend passes away, grief is typically the first thing survivors need to overcome.  And, while grieving, survivors usually also have to try to coordinate funeral logistics, burial arrangements, memorial services, etc.  During these difficult times, one of the last things likely on survivors’ minds is whether the deceased had life insurance.  But, shortly after a passing, this is something I recommend survivors try their best to look into … according to a February 2013 article from Consumer Reports Magazine, “At least $1 billion in benefits from misplaced or forgotten life-insurance policies are waiting to be claimed by their owners.”

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What Law Governs? ERISA Or Not?

By Jeffrey L. Greyber, Esq.

Generally, if you are part of a group health insurance plan, disability insurance plan, or life insurance plan, your claim (and related litigation) will be governed by the federal body of law called ERISA (Employee Retirement Income Security Act).  In my opinion, ERISA is pro-carrier in most jurisdictions.  So, in my opinion, you should try to avoid ERISA like the plague.

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Notes To Selves Regarding The Denial Of The Rolling Stones’
$12,700,000 Claim
The Rolling Stones Insurance Claim Denied

By Jeffrey L. Greyber, Esq.

Recently, a $12,700,000 claim submitted by the Rolling Stones / Mick Jagger was denied.

I am not privy to the policy language underlying the Rolling Stones’ claim, so I cannot opine as to the (im)propriety of the carrier’s claim decision. But the above article inspired me to point out a few things to life and disability insurance claimants / policyholders.

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Just How Material Are Your Life Insurance Application Representations?

By Jeffrey L. Greyber, Esq.

As discussed in other articles featured on this website, one of the first things a life insurance company will turn to when deciding whether to pay a claim is the life insurance policy application. Why? Because there are very few ways (when compared to other types of insurance claims) for a life insurance company to try to deny a claim and voiding the policy ab initio (i.e., rescinding the policy as if it never existed) due to supposed misrepresentations on the life insurance policy application is one such way.

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Do You Have The Most Personally Suitable Life Insurance?

By Jeffrey L. Greyber, Esq.

All too often I have life insurance beneficiaries come to me along the following lines: “Gosh, I was shocked to discover that there were no benefits payable to me under the deceased policyholder’s life insurance policy … what’s the deal?” Well, folks, that is sometimes not true; i.e., sometimes the insurance company is wrong and we need to remedy that. But, oftentimes, that is unfortunately true because the life insurance policy was set up as an investment mechanism with little (if any) guaranteed death benefit. This article is aimed at providing a brief overview of some of the most common life insurance products on the market and the intent of same, so that you are not someday surprised to learn that a lump sum death benefit is unavailable.

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Life Insurance Denied Due To Lapse In Payment

By Jeffrey L. Greyber, Esq.

Today I would like to discuss life insurance denials, one of the worst of its kind. Specifically, I would like to address a life insurance denial due to a lapse in premium payment. Many times, leading up to a policyholder’s unfortunate passing, the policyholder might find his or herself incapacitated to a degree, whether it is physically or mentally. In this condition and predicament, it is highly unlikely that paying a life insurance premium is weighing heavily on the policyholder.

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2014 Florida Conference On Aging

By Jeffrey L. Greyber, Esq.

Last week, my colleague and I attended the 2014 Florida Conference On Aging in Weston, Florida. We were there, with our booth and handouts, representing the Merlin Law Group’s disability, life, health, and long-term care insurances practice.

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Life Insurance Policies And How They Can Be Affected By Divorce

By Jeffrey L. Greyber, Esq.

I have witnessed an issue with several clients, and so I would like to possibly remedy, by discussing life insurance policies and how they can be affected by divorce. It is quite common that a given life insurance policy will indicate a spouse to be the primary or sole beneficiary of that said life insurance policy. So, in the case of divorce, is the ex-spouse’s beneficiary status divestible? Is it automatic? The answer is, sometimes yes and sometimes no.

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Life Insurance Claim Denied, Application Misrepresentation

By Jeffrey L. Greyber, Esq.

I have noticed arising issues in the life insurance arena as of late, and I would like to offer some practical tips to you, the policyholder. There are many unfortunate circumstances that can emanate when it comes to the life insurance field. For instance, if you are in the deplorable position of a loved one, with a life insurance policy, passing away. I have seen many times, the insurance company deny the claim because it dictates on the application that there are misrepresentations in the life insurance policy application.

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Does Divorce Divest a Former Spouse Life Insurance Beneficiary of
Beneficiary Status?

By Jeffrey L. Greyber, Esq.

Over the past month, I have learned of several life insurance companies nakedly claiming to divorcee beneficiaries that divorce automatically divested them of beneficiary status under the deceased former spouse’s life insurance policy. This automatic divestment theory seemed extreme, so I did some research.

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