
Has it been more than 30 days since you submitted your claim?
Following a death, you must contact the life insurance company and open a claim. Then, you must submit the death certificate and any other documentation and signatures required by the insurance company. When you have completed the claims process, the company should deliver payment to you within a few weeks. If you have contacted the insurance company several times and still have not received payment after 30 to 60 days, and you have not received a clear explanation for the delay, you may need an attorney’s help to cut through the red tape and put some pressure on the company to approve your claim.
Did you buy the life insurance policy less than two years ago?
Life insurance policies typically include a “contestability” clause that allows for policy cancellation and claims denial if, within two years of issuance, the insurer discovers that any material fact was not disclosed during the application process. If the insured dies within two years of obtaining the insurance policy, their original application and other documentation may be carefully examined to see if there were any “material misstatements or omissions.”
For example, if the insured person failed to disclose any medical conditions (e.g., a serious illness such as diabetes, high blood pressure, or depression) or habits (e.g., use of drugs, alcohol, or tobacco), this could lead to a denial of your claim.
The insurance company could spend months evaluating medical records, credit reports, motor vehicle reports, and so on, looking for evidence of a material misrepresentation and a reason to deny your claim. If the two-year contestability period is a factor in your claim, you may need an attorney to speak to the insurance company and convince them that your claim is valid.
Did the insurance company send you a letter of denial?
A life insurance claim may be denied for reasons such as “non-accidental death” or because the policy was rescinded. In many cases, a skillful insurance attorney can help get that denial reversed by conducting an independent investigation of the facts of your case and making a forceful argument to the insurance company.
Consult a Des Plaines Life Insurance Dispute Resolution Attorney
If you are having problems collecting on a life insurance policy, the intervention of a knowledgeable Palatine life insurance lawyer can help. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will slice through whatever obstacles are standing between you and your insurance payout as quickly as possible. Contact us at 847-934-6000. We serve clients throughout the northwest suburbs, including Arlington Heights, Buffalo Grove, Crystal Lake, Barrington, and Schaumburg.
About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.
Sources:
https://www.aigdirect.com/about-life/managing-your-policy/how-to-file-a-life-insurance-claim
http://illinoisinsurance.org/consumers/news-updates/be-truthful-your-life-insurance-application-protect-loved-on
http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1249&ChapterID=22