DGAA bLAWg

Understanding Your Rights During an Insurance Claim Dispute

Web Admin - Thursday, August 24, 2017

Illinois insurance dispute lawyersFew things are as frustrating and confusing as a denied or reduced insurance claim payout – but did you know that you can dispute the decision? Additionally, consumers have certain rights, afforded to them by law, when dealing with their insurance companies. Learn more about those rights, and how an experienced insurance dispute attorney can assist with the appeals process, with help from the following information.

Your Right to Appeal a Decision

Regulated by the state of Illinois, insurance companies cannot force you to take a low settlement, nor can they prevent you from appealing their decision to deny a claim. Instead, you have the right to dispute your offer or denial. Typically, this is first done over the phone or in writing. Unfortunately, insurance agents and brokers can make things sound more complicated than they really are, and they may even dismiss your attempts at a resolution. As such, it is highly recommended that consumers turn to someone with an understanding of the complex and nuanced insurance laws - someone like an experienced insurance dispute lawyer. 

Your Right to an Expedient Resolution

Although insurance companies can (and often do) attempt to delay payouts, they are required to expediently resolve your claim. If they cannot do this, they must provide you with a reason for the delay. Of course, insurance companies can give almost any reason for a delay – even a seemingly frivolous one – and expedient under the law may not mean the same thing as a quick settlement after an accident (especially when you are out of work or disabled). As such, consumers are encouraged to seek assistance from an experienced insurance dispute lawyer.

Your Right to Fair Processing of a Claim

While in the process of filing a claim, or when trying to file a dispute, it might appear that the insurance companies are trying to complicate things as much as possible. However, laws forbid them from forcing you into unnecessary steps or paperwork. They also cannot force you to accept a settlement to receive the payout on another one (i.e. if your home and auto insurance are covered by the same company), and they cannot discriminate you based on ethnicity, gender, age, or other protected statuses. If you believe your insurance company is treating you unfairly, you not only have the right to appeal their decision, but you may also file a complaint.

Contact Our Des Plaines Insurance Dispute Lawyers

If you or someone you love is facing a denied, delayed, or reduced insurance claim, contact Drost, Gilbert, Andrew & Apicella, LLC for assistance. Highly experienced and dedicated to your best interest, our Des Plaines insurance dispute lawyers will fight for the most favorable outcome possible. Learn more by scheduling a personalized consultation. Call our offices at 847-934-6000 today.


Ken ApicellaAbout 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.


Sources:

http://www.naic.org/documents/consumer_state_reg_brief.pdf

https://mc.insurance.illinois.gov/messagecenter.nsf

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.


Recent Posts


Tags

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

Archive