What type of plan is your denied life insurance claim? Knowing whether it is an individual or group policy will help determine which laws govern how to go about appealing a denial.
If your life insurance claim is denied without just cause, you have a legal right to dispute the denial. Contesting life insurance companies’ decisions must be handled properly. This is why it is critical to have an experienced life insurance denial lawyer fighting for you.
Denied Individual Life Insurance: State Bad Faith Insurance Law
If the life insurance policy was purchased directly from the insurance company, it is likely a private or individual plan. This means a claim denial is regulated under state insurance laws regarding bad faith and contract law. These laws are designed to protect the insured and beneficiaries from unfair practices by insurers.
When insurance companies use deception, refuse to pay a claim with malicious intent, or in any other way refuse their duty to honor their life insurance contract in good faith, they are acting in bad faith.
Many such claim denials can be resolved without litigation. Our attorneys are often able to effectively negotiate with the insurer. However, if an insurer will not agree to settle out of court, our attorneys are prepared to aggressively litigate for maximum recovery and damages.
We can help you sue for death benefits owed, as well as damages for:
- Emotional distress
- Consequential damages
- Attorneys’ fees
- Punitive damages under state law
- Other possible damages
If you believe a life insurance company acted in bad faith in denying your claim, the best thing you can do is contact an attorney as soon as possible. State law or the terms of your policy will restrict when you can file a lawsuit, and delays may negatively impact your case in other ways as well — so act quickly.
Denied Group / Employer-Sponsored Life Insurance: ERISA Law
If your life insurance policy is provided by an employer, a whole new different set of rules apply. These rules are complex federal (not state) laws known by the acronym “ERISA.” That stands for “Employee Retirement Income Security Act.”
In ERISA-based life insurance denials, you must start with going through the administrative appeal process. If this process is not handled properly, it may ruin your chances of successfully overturning the denial.
Our law firm is highly qualified to appeal and litigate group life insurance benefits that fall under ERISA requirements. Getting fair and just results for the beneficiaries and families we represent is our mission. ERISA appeals and, when necessary, ERISA lawsuits are a crucial part of this goal. It is an undertaking that we embrace with skill and diligence.
Life Insurance Denial Lawyer for Private and ERISA Life Insurance Denials
In some cases, simply advising the insurer that you have hired an experienced life insurance denial attorney is enough to make them reconsider the decision.
Other times, forceful legal action must be taken. Our life insurance lawyers have the resources and skills to successfully fight for your rights to life insurance benefits from the administrative appeals process all the way to a lawsuit in federal court.
In difficult times when those left behind struggle to accept the loss of a loved one, an insurer’s unfair conduct can devastate a family financially and emotionally. Our practice is dedicated to helping people get properly compensated by unprincipled insurance companies.
Denied life insurance? Let us review your case for free.
If you are the beneficiary of a wrongfully denied life insurance policy, do not give up without a fight.
Contact an experienced attorney at Marc Whitehead & Associates to schedule a free consultation to discuss your case. For over 20 years, our firm has represented clients across the U.S. against the nation’s largest and most powerful insurance companies. We have litigated and appealed hundreds of bad faith insurance and ERISA life insurance claim denial matters.