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

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

Archive