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Was your life insurance claim denied?

Life Insurance Attorney

Helping You Recover The Benefits You Deserve

Life Insurance companies often deny life insurance claims without justifiable reasons. We have experience in resolving life insurance claims under ERISA law. Did you know that if the policy has been in force for more than two years when the insured dies, the insurance company is obligated to pay the claim? However, in many cases, what may seem like a proper denial on the face of it is improper under the law.

Our client's benefit from:

  • Free Case Consultations Provided
  • 160+ Years' Collective Experience
  • Thousands Of Cases Successfully Handled
  • You Don't Pay Us Unless We Recover Your Claim
  • Selected For Inclusion In The List Of Super Lawyers®
  • Honored With The Avvo Clients Choice Award In 2013

What is an Incontestability Clause?

Many States have provisions designed to offer some assurance that life insurance benefits will be paid, even if the insured may have made misstatements in the insurance application. The idea is to make sure that if an insurance company has any questions or problems, those matters are addressed while the insured is still living. It is not fair to allow an insurance company to collect premiums for years only to then conduct a more thorough investigation after death and decide not to pay the insurance beneficiaries. These types of provisions are usually called "incontestability clauses." Essentially, such clauses dictate that after a certain period of time, usually 2 years, an insurance company cannot contest a life insurance policy for ANY reason, even fraud.

In California, this rule is set forth in California Insurance Code, section 10113.5.

Life Insurance Cases

For example, we had a case where the insured died from an overdose of cocaine. He was insured under an accidental death policy issued by his employer. The insurance company found that the accident was not an accidental death under the law and denied the claim. After we completed the administrative review of the claim, we filed a lawsuit on behalf of the minor son of the person who died. The court found that in fact the cocaine overdose was an accident, and the insurance company paid the $500,000 life insurance benefit.

We have also had cases where the insurer denies that the deceased was entitled to "supplemental life insurance" offered through his or her employer. Often, such insurance can be a multiple of many times the ordinary life insurance offered through employment. Related to these types of claims, insurers often assert that the insured failed to complete the proper forms such as Evidence of Insurability or Statement of Good Health forms, or might even claim that the insured was not truthful in filling out the insurance application. We have seen, and helped people with all of these problems.

Sometimes insurers even pay life insurance proceeds to the wrong beneficiary. We have resolved many of these types of cases as well. These are just a few of the many examples of life insurance issues that come up.

Call for a free consultation if you have any questions about a life insurance claim.

Life insurance companies include: MetLife, Prudential, Hartford, New York Life, Lincoln National, John Hancock, Jackson National, Transamerica, Unum, Sun Life, Genworth, Transamerica Life, Mutual of Omaha or any other life insurance companies.

What Sets Us Apart?

  • Free Case Consultations Provided
  • 160+ Years' Collective Experience
  • Thousands Of Cases Successfully Handled
  • You Don't Pay Us Unless We Recover Your Claim
  • Selected For Inclusion In The List Of Super Lawyers®

Client Testimonials

  • the arguments you made on our behalf at the mediation resulted in a more positive outcome for our case than we could have otherwise expected.

    “We appreciate that you found merit in our case, and that you were both willing and able to be present at the mediation. We believe that the arguments you made in our favor to the mediator were able to influence the outcome towards resolution that we could feel satisfied with. In the end, we believe that your counsel, your support, and the arguments you made on our behalf at the mediation resulted in a more positive outcome for our case than we could have otherwise expected. Throughout you were always professional, but direct and clearly firm on our position. We thank you for your efforts to resolve our dispute to our satisfaction, and wish you continued success.”

    Mara T.

  • I've already mentioned your firm to my family and friends and how wonderful you have been treating me.

    “I've already mentioned your firm to my family and friends and how wonderful you have been treating me. Hopefully I will not ever have the need to refer someone to you because that would mean they would be in a similar situation as myself. But, if that were to ever happen, I would absolutely refer them to your company.”

    Linda P.

  • With you in my corner, I felt enabled and no longer alone.

    “Seemingly at the end of my rope with nowhere to turn, a friend suggested I call the National Multiple Sclerosis Society, who referred me to you. From our first contact I began to feel hope where there had been none. You took over all communication with the insurance company. You kept me posted as things progressed and advised me as to each necessary action. What a relief you were! With you in my corner, I felt enabled and no longer alone. Some big insurance companies feel emboldened to take arbitrary action against those who do not have the resources to defend what is rightfully theirs. Thank goodness for people like you who advocate for folks in need. In closing, please know how very much our association has meant. You have restored my faith in the goodness of people and renewed my confidence in the future. I am forever grateful.”

    Shirley G.

  • We will never forget the good you have done and may you continue to earn gold stars.

    “More than your skilled expertise, uncompromising professionalism and breadth of experience, we have been immensely impressed with the sincerity, generosity and integrity with which you conducted our affairs, acted on our behalf and guided us through the sometimes confusing process. Throughout, we developed a great respect for all of you and it is our wish that both collectively and individually, you experience continued professional success and personal gratification in all that you pursue. We will never forget the good you have done and may you continue to earn gold stars.”

    Lalida C.

  • Thank you for all of your hard work, support and belief in our case.

    “Hi Elizabeth - You have been such an important part of my and Jennifer's past year, and I want to send you a note to wish you a wonderful holiday. Thank you for all of your hard work, support and belief in our case. Thank you seems like two small words and not enough, but they are heartfelt and mean so much.”

    J.H.