DGAA bLAWg

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

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

Archive