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

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

Archive