DGAA bLAWg

Insurance Agent Negligence: The Duty Agents Owe to Their Customers

Web Admin - Tuesday, March 04, 2014

illinois insurance agent negligence lawyerInsurance agents often act as a person’s main point of contact throughout the process of procuring an insurance policy. This means people are relying on insurance agents to do their job thoroughly, carefully, and professionally. To that end, the law imposes a duty of reasonable care on insurance agents to ensure that they perform their jobs accurately. 

The fact that agents have this duty means that if the agent harms a customer through their negligence, they may be liable to that customer in court for the damage that their insurance negligence caused. Generally speaking, these sorts of claims for negligent errors and omissions come in two forms: improperly filing or filling out insurance paperwork, and failure to properly counsel the client on the type of insurance they need.

Types of Insurance Agent Negligence

Insurance agent negligence often occurs in an agent’s clerical capacity. An agent must exercise reasonable care in the filling out of insurance paperwork to make sure that the insurance company provides coverage and that the policies are properly updated. An example of this sort of negligence in the realm of car insurance would occur if a person wanted to add someone to their insurance policy, and yet after informing the agent, the agent never properly filed the paperwork to add them to the policy. If the new person, who should be covered under the insurance, was in a car accident, the agent would be liable for the person’s lack of coverage.

Insurance agents also have a duty to exercise ordinary care when advising clients about the types of policy they need, along with possible limits and exemptions of the policy. This claim comes up often in the case of policy exclusions, which are special circumstances in the insurance policy for which the company refuses to pay. These exemptions can often be long and complex, which means that the insurance agent may be liable for negligently advising the customer if they do not make the exclusions clear. 

For an example of this, consider a person buying homeowner’s insurance who explicitly wants coverage for every item in their home in the case of a fire. If an agent provides them a policy that excludes jewelry or some other class of property, the insured might have a claim against the agent for negligent errors and omissions.

The Statute of Limitations

Statutes of limitations are time limits that the law places on people looking to file lawsuits. In the case of insurance agent negligence, Illinois law limits people to two years to file the suit once the person has a cause of action. However, that time limit can be deceptively complicated since it does not say when a person has a cause of action. Generally, courts start the clock running once the insurer first takes a position that runs against the insured’s expectations. That can mean in some cases the insured needs to act quickly, since it is possible that their underlying insurance case will not even be finished before the statute of limitations related to the agent expires.

If you believe you have been the victim of insurance agent negligence, find an Illinois insurance attorney near you. They can help protect your rights in court and ensure that you recover fair compensation for the harm done by negligent insurance agents. Our firm represents people across the northwest suburban area, in towns like Rolling Meadows, Buffalo Grove and Barrington.

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.

Appealing a Denial of Accidental Death Benefits

Web Admin - Tuesday, February 18, 2014

illinois denied insurance benefitsMany people carry life insurance or accidental death and dismemberment (AD&D) policies. These policies, which people can acquire through their employer or on the open market, may pay benefits in cases of accidental death. Unfortunately, life insurance policies comprise an industry worth hundreds of billions of dollars, according to a report by the U.S. Treasury, and insurance companies have strong incentives to pay out as little as they can in benefits.

Often, that means denying legitimate life insurance claims on the basis of a “policy exclusion.” Policy exclusions are exceptions that insurance companies place into contracts that exempt certain situations from qualifying for payment. Common policy exemptions include suicides and deaths occurring within one year of the policy’s start. Companies can use these sorts of exemptions as pretexts for denying the payment of benefits.

Contesting a Denial

Even after the insurance company denies the claim, beneficiaries do have tools to appeal the decision. However, depending on the law governing the insurance policy, the tools may be expansive, or more limited in nature. For instance, plans through a person’s employer are often covered by the Employee Retirement Income Security Act (ERISA). ERISA places strict limits on how appeals take place.

Beneficiaries must appeal the decision through a special ERISA administrator before they can move into the regular court system. Beneficiaries with denied claims would do well to seek out a lawyer before filing their ERISA appeal because the actions that take place at that appeal can have strong impacts on a court case. Courts handling ERISA litigation often use evidence from the appeal when making their decisions. That means that if something is left unmentioned at that stage, it can be very difficult to convince the court to consider it later.

Plans purchased by an individual, rather than provided by an employer, will likely be governed by state law instead of ERISA. While this law is usually less restrictive, individuals should still be cautious when dealing with insurance companies. In state law cases, the beneficiary will likely sue the insurance company in an attempt to prove that their cases does not actually fall into the policy exclusion that the company is claiming.

If you have been the victim of a wrongful denial of a life insurance claim, get a written statement of the reasons for the denial, and seek help from an Illinois insurance attorney. Our firm serves clients across the northwest suburban area, including Schaumburg, Palatine, and Crystal Lake.

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.

What to Do if Your Life Insurance Claim is Denied

Web Admin - Tuesday, February 04, 2014

illinois life insurance claim lawyer

The law provides insurance companies with a variety of methods to protect themselves against fraud. Unfortunately, insurance companies may attempt to use these tools to withhold payment on legitimate claims. Two of the common ways that life insurance companies may try to stop beneficiaries from collecting on their claims are by rescission of the policy and denial of the insurance claims
 
A policy rescission occurs when the insurance company alleges that the person who took out the policy misrepresented material facts about themselves. If successful, this allows the insurance company to withdraw the person’s coverage. Conversely, if an insurance company denies a claim, they do not contest the validity of the whole policy. Instead, they are simply saying that the person’s death fell into an exception in the insurance. While both of these tactics result in a non-payment of the claim, they require different strategies to handle them.

Dealing with Rescission

When an insurance company rescinds a contract, they declare that the entire policy is invalid. One of the most common reasons that an insurance company will give for such a rescission is a “material misrepresentation.” This means that the company claims that the deceased wrongfully answered questions on the application related to things such as their age or medical history. To fight a rescission of this sort, your insurance attorney must prove that the deceased either did not make such a misrepresentation, or that any misrepresentation was not material. 

Fortunately, Illinois law does provide some protection in these circumstances. First, the law requires that the alleged misrepresentation occurred on the actual policy application, and not simply in a conversation with the insurance company. Second, the law forbids insurance companies from rescinding policies more than two years after issuance, except in cases of non-payment of premiums.

Dealing with Denial

An insurance company can deny a claim for several reasons, often because they believe the death falls into a policy exception, or because they believe the person filing the claim is not the proper beneficiary. One common fight over policy exceptions occurs when the insurance company asserts that a person’s wrongful death was actually a suicide, as suicides are ordinarily not covered by life insurance. Overcoming this sort of denial often requires bringing forth evidence to prove that the death truly was an accident.

If you believe that your life insurance policy was improperly revoked or if you had a life insurance claim denied recently, then consider contacting an Illinois insurance attorney today. Our firm handles cases across the northwest suburbs, including in Arlington Heights, Rolling Meadows, and Des Plaines.


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.

Recent Posts


Tags

estate tax insurance claim denial denied insurance claim deadly crashes taxes Illinois workers compensation attorney drug crime employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Arlington Heights personal injury attorney whistleblower protections digital assets bicycle accidents Illinois pet lawyer pedestrian-automobile accident car accidents Illinois employment law attorneys Rolling Meadows criminal attorney Arlington Heights car crash attorneys Schaumburg personal injury lawyers traffic laws foreclosure Employment Discrimination Law Illinois insurance disputes controlled substance Policy Cancellation Illinois employment law Illinois traffic attorneys fiduciary rule probate claims process Illinois workplace discrimination attorney first degree murder eluding a police officer compensatory time insurance claim traffic violations defense employment attorney Buffalo Grove injury lawyer Illinois elder law attorney workers comp Des Plaines injury law firm Arlington Heights TBI attorney construction accidents Des Plaines personal injury lawyer wage theft Chicago traffic lawyer Schaumburg Attorney jet ski accidents Illinois business lawyer Palatine traffic lawyer Federal Food Drug and Cosmetic Act medical malpractice Illinois Smoke Detector Act Class A misdemeanor South Barrington real estate lawyer insurance attorney Illinois Workers’ Compensation Commission preventable medical errors real estate Affordable Care Act Barrington employment attorney trust payments murder Illinois wills and trusts life insurance policy Palatine estate planning lawyer Palatine punch death auto accidents Arlington Heights car accident lawyer rollover accidents condo association personal injury law firm Illinois jet ski accident lawyer unpaid assessment mortgage Rolling Meadows insurance dispute lawyers, insurance dispute Illinois pedestrian accident attorney manufacturing estate planning Whistleblower Claims trench injuries breach of contract ken apicella uninsured motorist liens Barrington Traffic Lawyer Illinois medical malpractice case Buffalo Grove personal injury lawyer Joliet general practice lawyers Illinois workers compensation lawyer Illinois wills and trusts attorneys condo child safety overtime violations Illinois living will traffic accidents Jay Andrew federal crimes coronavirus Inverness probate lawyer Illinois insurance dispute lawyers Rolling Meadows traffic attorney employee misclassification ObamaCare life insurance claims Palatine corporate law attorneys Inverness corporate attorney Palatine insurance lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, Arlington Heights wills and trusts lawyers BAC Des Plaines personal injury lawyers Illinois will lawyer Inverness real estate lawyer drug crimes life insurance lawyer Illinois traffic attorney Illinois employee rights attorney. Schaumburg traffic lawyer estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, real estate attorneys Arlington Heights traffic attorney Deer Park criminal attorney marijuana traffic violations special needs trust Inverness insurance attorney FSLA guardianship attorney Illinois law golf accidents comp time healthcare claims dealing with problem employees estate planning trusts pay when paid contract DMV elder abuse Illinois attorney Illinois construction accident attorney Deer Park motorcycle accident lawyer job lawyers crossover accidents Thanksgiving Buffalo Grove law firm car collision Barrington personal injury lawyer DUI Crystal Lake law firm Des Plaines accident attorney Illinois LLC creation DUI penalities Crystal Lake tax lawyer Illinois real estate underage DUI Illinois business law atorneys criminal law defective products employment lawyer dram shop law Rolling Meadows insurance lawyer rumble strips Schaumburg estate planning lawyer Crystal Lake traffic lawyer distracted driving accidents Deer Park accident attorney Illinois car accident attorney Deer Park medical malpractice attorney Rolling Meadows insurance attorney defective products lawyer Schaumburg injury lawyer trustee trusts car accident lawyers FMLA personal injury claim real estate attorney surgical mistakes Deer Park real estate law firm Des Plaines criminal attorney boating accidents Arlington Heights injury attorney Chicago employment attorney Mt Prospect Attorney Rolling Meadows criminal lawyer Palatine probate lawyer insurance dispute real estate lawyer preventing accidents insurance agents Home Remodeling Repair Act Barrington real estate lawyer pregnant women Des Plaines real estate attorney Buffalo Grove criminal defense lawyer creditors estate plan Palatine law firm bad faith insurance claims Retaliatory Discharge denial of life insurance Arlington Heights tax lawyer Des Plaines tax law firm medication errors Chicago will attorney commercial leases small business Illinois bicycle dooring accidents installment contracts pedestrian accidents Chicago lawyer Rolling Meadows marijuana attorney Deer Park traffic accident attorney senior citizens corporate law Schaumburg criminal attorney probate process revenge porn DUI attorney Barrington employment law firm construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Landlord Tenant Ordinance sexual images trucking accident lawyers Liquor Control Act Buffalo Grove insurance claim dispute lawyers Illinois employment laws Illinois Human Rights Act car accident lawyer Illinois red light cameras license reinstatement Forcible Entry Barrington estate planning attorney motorcycle accident distracted driving accident victims social media after death Schaumburg criminal law attorney rest breaks Deer Park workers compensation lawyer unpaid overtime nursing home negligence Illinois personal injury lawyer Des Plaines medical malpractice attorney Arlington Heights employment attorney estate planning lawyer Des Plaines motorcycle accident attorney criminal record Barrington civil litigation attorney Buffalo Grove car accident lawyer landlord Palatine civil attorney car crashes Des Plaines drug crimes lawyer Illinois personal injury lawyers Schaumburg insurance lawyers medical malpractice compensation Illinois bicycle safety medical marijuana llinois Real Estate Lawyers Association fatal car accidents insurance claim dispute Mount Prospect real estate lawyer Illinois speeding lawyer digital evidence estate attorney Schaumburg drug defense lawyer trucking accidents drug crimes lawyer IRA trust transfer probate fees liability Illinois Wage Payment and Collection Act Palatine trusts lawyer commercial leasing investment property back injuries Arlington Heights Traffic Lawyer business litigation contracts Schaumburg civil litigation attorney Barrington workers compensation attorney Rolling Meadows drug defense attorney Palatine injury attorney Deer Park traffic lawyer speeding Illinois Transfer on Death Instrument construction contracts real estate contract murder charges living trust living trust benefits texting and driving marijuana crimes attorney pedestrian accident Crystal Lake personal injury attorney car crash injuries Barrington boating accident attorney Palatine civil litigation lawyer Illinois injury lawyer Illinois personal injury license suspension living trust vs will drug possession hiring employees pet law healthcare jet ski Rolling Meadows personal injury lawyers natural gas digital information employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys trauma after an accident Chicago will attorney, social media platforms, Illinois estate planning lawyer, Chicago car accident lawyer Illinois real estate lawyer Crystal Lake car accident lawyer Crystal Lake medical malpractice law firm CAM Des Plaines Traffic Lawyer new real estate form Long Grove real estate lawyer insurance claim delay Illinois DUI attorney drunk driving statistics expungement Schaumburg estate attorney slip and fall Illinois civil litigation lawyer employment law college kids Illinois tax attorney Crystal Lake medical malpractice attorneys Buffalo Grove medical malpractice lawyers traffic tickets rollover car crashes Rolling Meadows real estate attorney Schaumburg car accident attorney bike accident Crystal Lake estate planning lawyer insurance denial appeals Rolling Meadows boating crash lawyer Illinois small business Rolling Meadows DUI lawyer Illinois personal injury attorney Chicago attorney Rolling Meadows personal injury attorney insurance dispute attorney Barrington business law firm mass shooting workplace sexual harassment personal injury claims PTSD Colin Gilbert Illinois medical malpractice lawyers personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Schaumburg personal injury lawyer motorcycle accident lawyer Palatine elder law attorney financial advisors civil litigation probate life insurance Illinois estate planning law firm brain injury changes to mortgage law owner responsibility estate planning for college students startup company Barrington medical malpractice lawyers wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace pedestrian injuries, pedestrian fatality Self-Directed IRA Accounts Do Not Resuscitate blood alcohol content privacy living wills Schaumburg Rolling Meadows Traffic Lawyer Chicago estate planning estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers caretaker rights Rolling Meadows probate lawyer medical malpractice claims Des Plaines personal injury attorney Barrington personal injury attorney Crystal Lake employment law attorney Rolling Meadows medical malpractice lawyers health insurance dispute Illinois estate planning attorney Barrington estate planning lawyer Crystal Lake business law attorneys Illinois registered agent Attorney Ken Apicella employees agent Des Plaines civil attorney traffic deaths boating under the influence sexual harassment underfunded trust rent to own real estate contracts Des Plaines collections attorney cell phone privacy laws swimming pools Illinois traffic accident lawyer hands free device Barrington criminal lawyer spinal cord injury Illinois Probate Act of 1975 Palatine personal injury lawyer Rolling Meadows litigation lawyer Barrington employment law attorney Crystal Lake bike accident lawyer fiduciary rule delay Illinois corporate lawyer Illinois employment law attorney accidental death benefits Chicago corporate attorney Schaumburg estate planning attorney work unions murder defense pizza emoji insurance claim denials Arlington Heights insurance attorney Crystal Lake pedestrian accident lawyer criminal defense Deer Park DUI lawyer commercial real estate traumatic brain injury Illinois workplace lawyer liability claims Rolling Meadows employment attorney advance healthcare directive Colin H. Gilbert denied insurance claims Palatine employment attorney capital gains tax personal injury lawyer Chicago biking tips meal breaks Arlington Heights employment law attorneys Illinois insurance lawyer Kenilworth estate planning attorneys Rolling Meadows Attorney involuntary manslaughter Arlington Heights Attorney minimum wage Crystal Lake insurance lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Illinois driving without license Deer Park personal injury lawyer Chicago estate planning lawyer blended families dynasty trusts Palatine construction attorney traffic offenses insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys breathalyzer test Illinois motorcycle accident lawyer Schaumburg medical malpractice lawyer Illinois criminal defense attorney underinsured motorist Illinois employment attorneys criminal institutional trustee Rolling Meadows estate planning attorney elder law IRELA Family Medical Leave Act drugs Mount Prospect elder law attorney loopholes Illinois traffic ticket lawyer Illinois lawyer Illinois medical malpractice claim Arlington Heights wills and trusts lawyer Buffalo Grove probate lawyer texting while driving ACA unfunded trust civil litigation attorney Legal Info Illinois probate lawyer Crystal Lake medical malpractice lawyer Rolling Meadows corporate lawyer wrongful death Rolling Meadows employment law attorney Illinois wrongful termination lawyer Illinois home inspection Schaumburg elder law lawyer Des Plaines claims law firm Des Plaines drug lawyer Arlington Heights trucking lawyer Illinois Sales Representative Act internet vacation home Palatine business attorney cell phone accidents problem employees Illinois boating accident lawyer GM ignition switches pain and suffering license revocation low-ball insurance settlement Arlington Heights medical malpractice lawyer Des Plaines product liability DNR Schaumburg employment attorney landlord tenant law Rolling Meadows car accident lawyers probate claims unauthorized overtime BAIID traffic crimes home inspection lawyer pet bites Chicago insurance law firm modern family estate planning food poisoning no contest clauses BUI Inverness accident lawyer tax attorney Food and Drug Administration's Food Safety Modernization Act Chicago insurance claim attorneys probate lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers irrevocable trust Crystal Lake accident attorney Crystal Lake injury attorney Illinois traffic laws Long Grove estate planning attorneys Illinois insurance attorney license employee discrimination Transfer on Death Instrument IRS dog bites Schaumburg wrongful death attorney Buffalo Grove corporate attorney Inverness estate planning lawyer Barrington Illinois estate planning lawyer Chicago trucking accident attorney Rolling Meadows traffic law firm Super Mario operating agreements Illinois trusts attorney medical research insurance negligence Arlington Heights wills and trusts attorneys Inverness DUI lawyer Arlington Heights personal injury lawyer slip and fall accidents Crystal lake insurance dispute attorney deed transfer Crystal Lake will lawyer natural gas explosion Des Plaines insurance attorney insurance agent negligence Illinois employment law firm workers compensation benefits Rolling Meadows insurance dispute lawyers Barrington drug crime attorney appealing an insurance claim Inverness injury lawyer Inverness personal injury attorney caregiver Illinois Trust Code traumatic brain injuries consent to a search workers compensation Palatine employment law lawyer personal injury Illinois job attorney LLCs forming a corporation in Illinois Barrington attorney Rolling Meadows business lawyer Riverwoods estate planning lawyer Rolling Meadows accident lawyer Arlington Heights wills and trusts attorney in terrorem provision Arlington Heights pedestrian accidents federal regulations for LLCs vacation home fines sole proprietorship Palatine drug lawyer driving Rolling Meadows employment law attorneys Illinois insurance claim dispute lawyer insurance adjusters truck collisions Schaumburg construction accident lawyer disability benefits School Visitation Rights Act boating DUI Crystal Lake pet attorney power of attorney IRA benefits Des Plaines pet law attorney POA employment law, Illinois employment laws personal injury accidents overtime pay clemency car accident Crystal Lake employment lawyer Illinois trucking safety employment contract employee rights Rolling Meadows tax attorney homestead rights Buffalo Grove real estate attorney Long Grove wills and trusts attorneys Buffalo Grove traffic lawyers foreclosed rental property residential real estate Long Grove real estate attorney Palatine corporate attorney wills and trusts civil rights violation Crystal Lake car accident attorney Rolling Meadows personal injury lawyer gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Long Grove estate planning Illinois rollover accident lawyers insurance claim dispute attorney Crystal Lake personal injury lawyer Inverness traffic law firm car crash suspended license insurance disputes paid sick leave Schaumburg corporate attorney Inverness real estate attorney Fourth of July fault based insurance Palatine employment lawyer power of attorney for healthcare Deer Park employment law attorney filing a medical malpractice claim hit and run accident Buffalo Grove traffic attorney severance agreements Illinois estate planning Buffalo Grove employment lawyer Inverness elder law lawyer Arlington Heights real estate lawyer products liability Barrington injury attorney Crystal Lake traffic attorney Illinois mortgages Schaumburg probate attorney TBI DUI defense drunk driving insurance denials independent contractor insurance claims Mount Prospect wills and trusts lawyers Long Grove estate planning attorney Illinois insurance claim attorney loss of consortium premises liability head on collisions Fair Labor Standards Act cell phone tower data real estate zoning gift taxes automated cars icy parking lots Detainer Actions Home Sale Contingencies Illinois insurance claims lawyers Schaumburg real estate lawyer real estate leasing Palatine Attorney Barrington criminal defense lawyer field sobriety test Arlington Heights criminal lawyer Illinois insurance claim dispute lawyers Illinois collections attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Inverness civil lawyer estate planning attorney Arlington Heights estate planning attorney Buffalo Grove personal injury attorney Kenilworth estate planning lawyer holiday statistics spinal cord injuries reckless homicide Crystal Lake criminal defense attorney Kenilworth estate planning attorney Arlington Heights accident attorney Des Plaines DUI attorney Crystal Lake employment attorney Schaumburg personal injury attorney anesthesia errors Barrington litigation attorney real estate closing DGAA right to work wrongful termination Chicago employment lawyer wills Rolling Meadows Palatine criminal defense lawyer Arlington Heights lawyer Illinois medical malpractice attorney South Barrington real estate attorney comparative negligence Palatine traffic accidents personal injury attorney Illinois employment lawyer Des Plaines real estate lawyer income distribution deducation Exclusions Palatine real estate lawyer attorney fees Crystal Lake civil litigation lawyer subcontractor Illinois defective products attorney Palatine workers compensation lawyer Schaumburg employment law attorneys

Archive