Philadelphia Life Insurance Lawyer
A life insurance policy is a contract between a policyholder and an insurance company which obligates the insurance company to pay a certain amount of benefits to a beneficiary upon the insured's death. After the insured's death, the beneficiary should file a claim and provide sufficient proof of death in order to get paid. In Pennsylvania, an insurer usually has 30 days to review a claim and make a final determination. However, many insurance companies delay the review of claims over the 30-day period for various reasons.
The most popular reasons for delaying life insurance claims in Pennsylvania are:
- Contestability period review;
- No beneficiary designation on file;
- Fraud investigation (the insurance company suspects there may have been a fraudulent procurement of the policy);
- Competing claims (multiple parties claims their entitlement to the life insurance proceeds);
- Divorce of the insured and the beneficiary after the issue of the policy.
Many life insurance claims can also get denied. Some reasons for denying a life insurance claim are legitimate. For example, if there was a material misrepresentation on the life insurance application, the insurance company may deny a claim. Pursuant to Pennsylvania law, material misrepresentations, even if innocent, will justify rescission of a life insurance policy under the doctrine of equitable fraud. Equitable fraud is available to rescind a life insurance policy even after the death of the insured. A misrepresentation which materially affected either the acceptance of the risk or the hazard assumed by the insurer, may result in rescission of the policy. To secure rescission of a policy, an insurer must demonstrate that the applicant) made a misrepresentation to the insurer and that such misrepresentation was material.
This means that when an applicant for life insurance is completing an application, he or she must answer all the questions correctly in order to ensure the beneficiaries get the payout after his/her death. When an applicant makes a mistake on the application, even an innocent one, the insurance company may try to deny the claim. This usually happens if the insured's death occurs within a 2-year period after the issue of the policy. This 2-year period is called a contestability period. During this time frame, the insurance company may contest the policy - get all the medical records of the insured to check if the questions on the application were answered correctly.
Under Pennsylvania life insurance law, only a material misrepresentation may serve as a basis for denying a claim. However, many insurance companies use this law in their favor unfairly and deny valid claims relying on material misrepresentations. For example, the application for life insurance has the following question. "In the past 3 years have you consulted a physician for any reason?" The applicant answered "No." The insurance company issued a policy. The insured subsequently died within the 2-year contestability period. Upon receiving a claim for payment from the beneficiary, the insurer engaged in the routine practice of contesting the policy and found out that a week prior to completing the application, the insured went to a dentist for a check-up. If the insurer denies the claim based on a material misrepresentation, the beneficiary may appeal the denial, arguing that the non-disclosure of the dental check-up is not a material misrepresentation.
There may be different scenarios of this example depending on the type of the policy that the insured took out and the questions presented on the application. If your claim for life insurance benefits was denied due to material misrepresentation, you may have a right to appeal the denial and get paid. For a free case evaluation and claim review, please call one of our life insurance attorneys in Pennsylvania. We have dealt with many insurance companies and know how to get claims paid fast. If you have questions about a claim delay due a contestability period review, do not hesitate to give us a call.
What do I do if my life insurance claim was denied in Philadelphia or anywhere in Pennsylvania?
Whether your claim was delayed or denied, we will get you your benefits. To date, we have a 100% success rate in recovering the full policy amount for our clients.
How much does a lawyer cost for a life insurance delay or denial?
We don't charge you a single cent unless we recover 100% of your policy. If any other firm has told you a fee %, we will undercut that fee percentage, and resolve your claim for less money out of your pocket.
What is a contestability period on a life insurance policy in Pennsylvania?
If the insured dies within the contestability period, the company can get the medical records of the deceased to compare with the application so that they can avoid paying the money to which the beneficiaries are due. This is not a problem. Contact us right away, and we can handle it. We have never lost a single case.
What do I do if the insured missed a payment on a life insurance policy in Pennsylvania?
Whether the payment was made within the grace period or not, the Lassen Law Firm has successful recovered the full policy amount for all supposed lapsed policies.
What do I do if I am the beneficiary of a policy that wasn't reinstated in Pennsylvania?
You can retain the Lassen Law Firm to investigate. If we feel that we can win, we'll handle the case for you.
What do I do if I have a beneficiary dispute in Pennsylvania?
The Lassen Law Firm handles dozens of beneficiary disputes every year, and we have a perfect record of success.
Where do I find a lawyer to handle an interpleader in Pennsylvania?
Our firm handles a large number of interpleader actions, and our success rate has been 100% to date.
What do I do if I have an Accidental Death and Dismember Claim (AD&D Claim) that was delayed or denied in Pennsylvania?
Our firm handles more AD&D claims than anything else, and mainly because these policies are so inexpensive, and when death occurs, the insurance company doesn't want to pay the benefits.
What do I do if my life insurance company changed to another one in Pennsylvania?
This happens all the time. These companies claim they dropped your policy during the conversion. The Lassen Law Firm will get you the benefits to which you are due.
Where do I find a lawyer for an Accelerated Death Benefit claim in Pennsylvania?
The Lassen Law Firm handles Accelerated Death Benefit Claims every week. We will get you the benefits that you are due.
Where do I find an attorney for a Group Life Insurance delay or denial in Pennsylvania?
Our firm handles all Group Life Insurance delays and denials.
What do I do if my life insurance benefits in Pennsylvania were denied due to a misrepresentation on the application?
Our firm will submit an enormous legal brief to the legal department of the insurance carrier, and our success rate has been 100% to date.
What do I do if my benefits were denied due to suicide and/or self-inflicted injury in Pennsylvania?
We have handled hundreds of cases involving suicide and self-inflicted injury, and we have filing cabinets full of legal briefs. We have never lost an appeal.
Where do I find an ERISA lawyer in Pennsylvania?
The Lassen Law Firm has filed hundreds of ERISA appeals, and to date, we have never lost.
What do I do if my benefits were denied due to an alcohol exclusion on the policy in Pennsylvania?
Our firm knows the way to handle these cases. We have written hundreds of legal briefs, and have employed the top experts, and we have never lost a single appeal. We know how to beat the insurance companies.
Why should I retain the Lassen Law Firm for my life insurance claim?
Other firms claim to be able to resolve these claims, but the fact of the matter is that they cannot. These other firms see that we handle life insurance claims, and they add the practice area to their website, but the reality is that they have no idea how to resolve these claims properly.