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.




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


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