Life Insurance Litigation
We hold insurance companies to be responsible for paying on life insurance claims, property damage and auto liability claims, and other promises which they have made. We aggressively act to prevent insurance companies from getting away with selling full coverage yet delivering no coverage, when you need a claim handled. We handle ERISA claims and make insurers do the right thing–pay your claim.
We have a strong area of expertise in the area life insurance claims. We handle all types of problems with life insurance companies not paying claims, or paying claims to the wrong person. When a life insurance company won’t pay a claim, or denies a claim, we can get involved to investigate additional facts–to get the life insurance company to pay. When the life insurance company is ready to pay, but has the wrong beneficiary, or there has been something improper done on the beneficiary designation forms, we can help. We handle many wrong beneficiary or beneficiary disputes cases.
Rescission is the new way that life insurance companies are avoiding paying claims. California has a law of incontestibility of a life insurance policy after two years. The national life insurance companies have twisted this into a post-claims rescission investigation if there is any claim on a life insurance policy which was sold less than two years before the claim. The life insurance companies have complicated, difficult to understand applications. They don’t ordinarily get the medical records of people applying if the policies are less than $1,000,000 in policy benefits. Only after an unfortunate claim in the first two years, does the life insurance company really begin its investigation. After a claim, the life insurance company will begin an intense investigation, using your medical authorizations to pull every old medical record, scouring the pages with their experts, to find anything there that they can use. If they find anything, they will say that your loved one—now gone, of course–did not tell them the full truth, and then the life insurance company will rescind the policy. That makes it as if the policy never happened. The life insurance company refunds the premiums paid, but doesn’t pay the life benefits. We fight these hard, and get the life insurance companies to pay.
Sometimes the life insurance is ready to pay, but there are two or more people who claim that they are the only rightful beneficiary. These are beneficiary disputes, and we handle them frequently. It is very important to have a lawyer assert your rights in a life insurance beneficiary dispute case. Many times, the life insurance companies will seek to avoid deciding who to pay, and they will deposit the life insurance funds with a Federal Court, in an interpleader action. An interpleader action is like a lawsuit, where the life insurance company pays the money to the Court, for the Court to decide. The lawsuit part is between the competing beneficiaries. Without a lawyer, you are in a very difficult position. Because interpleader claims are usually in Federal court, and many other lawyers are not familiar with insurance law and Federal Court, it can be hard to find the lawyer for an interpleader action or lawsuit. We are the right lawyers for your interpleader action. We will do an aggressive and strategic job of getting the benefits paid to the right person, in as short a time as possible.
Insurance companies also sometimes seek to cancel policies for non-payment, late payment, or other issues. We frequently help people seek reinstatement of policies, arguing the detail of the California law and regulation in an effort to salvage your irreplaceable insurance policy. We urge you to contact us if you have an issue with the termination or cancellation of your life insurance policy, right away, as time is an important factor. Be careful of life insurance companies asking for medical information to consider a policy reinstatement–that is a fresh medical underwriting that never leads to the policy being successfully restored. We are here to help on all your insurance issues.