As Florida life insurance lawyers we understand that losing a loved one can be overbearingly stressful. Dealing with the loss of a loved one can often times become even more stressful if he or she had life insurance and the claim is being delayed or denied payment. There are many reasons as to why an insurance provider may deny and or delay the payment of such a claim. It is important to know that after a policy has been in effect for 2 years, your insurance company cannot contest to the validity of the policy for any reason other than the failure to pay premiums. If a policy has not been in effect for two years then the insurance company may and will most likely attain medical records to confirm the validity of the application as it was completed and answered by the deceased. It is when the insurance company finds any errors in the initial application that they may in fact deny or delay payment as a result of misrepresentation.
If you have been denied or delayed payment on a life insurance claim, the first step is to review the initial application and remove any possible defense for misrepresentation, if it was in fact that the application was completed without error and or concealment. In the event that the deceased person listed the incorrect age or incorrect gender on his or her application, the insurance carrier is typically allowed to recalculate benefits and/ or premiums based upon the applicant’s true age or gender. A life insurance claims attorney can at this time properly asses, review and determine the value of your claim and the money that you are entitled to, should there be an error that was discovered in the initial application. Acquiring this representation is beneficial and at time crucial if the insurance company is wrongfully listing the cause of death as a suicide. Most insurance policies state that if the insured dies as a result of suicide or self-inflicted injury during the first 2 years of the contract, the death benefit is to be limited to the total premiums paid by the insured. However, the insurance company must prove that the death was caused by suicide or self-inflicted injury, and not by other causes.
As previously mentioned, after the life insurance policy has been in effect for more than two years your insurance company cannot contest to the validity of the policy for any reason other than the failure to pay premiums. But what if the insured did miss a payment, are you now limited as to the benefits that you can receive as result? After the first premium payment, life insurance policies usually provide a minimum grace period of thirty one days after the due date to make the next payment. If the premium isn’t paid before the grace period expires, the policy will lapse. During this grace period, the policy will usually remain in force. If the insured does die during the grace period, the insurance carrier will most likely deduct any premium due from the death benefit. As South Florida life insurance claims attorneys we feel it to be our duty to help those dealing with such unfortunate circumstances and help protect you and your family in your time of need.
Should you or any one you know have been wrongfully denied or delayed payment on a life insurance claim feel free to call our law firm which is dedicated to fighting these claims at the number listed below. Miami-Dade life insurance lawyers are here to assist you 24/7. We can be reached at 305-764-9907or 1888-413-8353