What to Expect When Suing an Insurance Company

Web Admin - Thursday, September 11, 2014

insurance lawsuit, Palatine insurance lawyerPeople purchase insurance with the goal of protecting themselves in the event that something unfortunate happens. However, no matter how hard people try to understand their policies and the limitations on them, many people face situations where they feel that the insurance company should be compensating them, but the company refuses. When this happens, people have a variety of options.

First, they can enter into an internal appeals process. Most insurance companies have a function that allows other employees of the company to review refusals and determine if they were warranted. If that fails, then the Illinois Department of Insurance also investigates some insurance-related issues. Alternatively, people with issues that neither of those strategies can solve may need to sue their insurance company if they want to see the compensation that they have already paid for. It is important for people to understand the process of a lawsuit and the length of time that it may take. Insurance companies are expert litigators, and they may drag the process out.

Understanding a Lawsuit

The beginning part of the process for filing a lawsuit against your insurance company involves hiring a lawyer and filing a complaint against them. The complaint is a legal document that triggers a lawsuit, and lays out the general allegations against the insurance company. Once this happens, the insurance company is allowed to respond with a document called an answer. The answer takes each fact asserted by the complaint and either confirms or denies them, so that both parties understand what is in dispute. Once this happens your lawyer and the insurance company lawyers will engage in discovery.

Discovery is a legal process in which both sides ask the other side questions to better understand the facts. This is mainly done through requests for documents, written questions called interrogatories that the other side has to answer, and depositions, which are in-person interviews. The majority of lawsuits end at some point during this phase. As more information comes out, both sides begin to understand their chances of winning at trial, and they likely reach a settlement. In the event that there is no settlement, the case moves to trial where both sides' attorneys present their arguments to the judge, who eventually makes the final legal decision.

Your Part in the Process

Not every step in that process will require the client's involvement. Initial interviews will need to be done for the attorney to get a picture of the case, and there will also be periodic conferences as new facts appear or the case moves forward. The most intensive piece that the client will need to do is prepare for a deposition in case the insurance company wants to depose them. This may require working with the client's attorney to better understand the types of questions that they company may ask, so that the deposition goes smoothly.

If you are currently having an issue with an insurance company and would like to file a lawsuit against them, contact a dedicated Illinois insurance dispute attorney today. At Drost, Gilbert, Andrew & Apicella, LLC, we represent clients in many northwest suburban towns including Inverness, Palatine, 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.

How to Handle a Denied Insurance Claim in Illinois

Web Admin - Tuesday, May 13, 2014

illinois denied insurance attorneyPeople purchase insurance coverage to protect themselves when something goes wrong. Depending on the type of insurance, claims can be paid out for health issues, auto accidents, home repairs, or deaths in the family, among other things. These are already stressful events. A denied insurance claim merely serves to add more stress and difficulty to an already trying situation. The reasons for such a denial can be varied and depend on the type of insurance in question, but in these situations consumers have options available to them to contest the insurance denial.

Reasons for a Denial

The reasons for an insurance company to deny a claim on a policy vary greatly between different types of insurance. For instance, a company providing a life insurance policy may reject a policy claim based on a belief that the person’s death was actually a suicide, or a company providing health insurance could reject a claim made for a specific treatment by arguing that the treatment was not actually medically necessary. However, there are also some grounds for a denial that span across the insurance industry. One of the most common is a “material misrepresentation,” which means that the company believes that the policyholder lied or withheld important information during the application for a policy.

Exactly what qualifies as a material misrepresentation changes from industry to industry. Health or life insurance companies would argue that hiding a prior medical condition may be a material misrepresentation, while an auto insurance company would be more concerned with a past accident. Furthermore, any of these reasons could just be a pretext for a “bad faith” denial, which means that the insurance company privately believes that the policyholder has a valid claim, and simply does not want to part with its money.

Contesting a Denial

Policyholders facing a denied claim do have options available to them. The process will likely begin with the insurance company’s internal appeals process. This may involve letter writing, phone calls, or in-person interviews where the policyholder explains their position. It can be advantageous to consult a lawyer at this point for two reasons.

First, the insurance company may have lawyers involved at this stage, so it evens the playing field. Second, if the issue does proceed to a lawsuit, the lawyer will already know the case’s history and they may be able to prevent early missteps that would cause problems in litigation, which would be the next step if the internal appeals fail. The one exception to this is in the case of health insurance. Illinois recently passed a law allowing policyholders to apply for an independent external review in the case of a denied health insurance claim.

If you are dealing with a denied insurance claim, you do not need to do it alone. Reach out to a skilled Schaumburg insurance dispute attorney today. Our team represents clients across the northwest suburbs, including in towns such as Crystal Lake, Arlington Heights, and Buffalo Grove, Illinois.

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


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