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.