When to Call an Attorney to Solve a Life Insurance Dispute

Web Admin - Wednesday, October 17, 2018
Des Plaines life insurance claim lawyerFollowing a death in the family, you could easily find yourself facing a stack of bills and insufficient income to cover them. This can happen even if you have been a careful money manager. If a life insurance payout does not come quickly enough, you could experience severe financial stress on top of everything else. But how do you know when you need the intervention of a lawyer to help you collect on a life insurance policy? Here are a few warning signs to watch out for:

Has it been more than 30 days since you submitted your claim?

Following a death, you must contact the life insurance company and open a claim. Then, you must submit the death certificate and any other documentation and signatures required by the insurance company. When you have completed the claims process, the company should deliver payment to you within a few weeks. If you have contacted the insurance company several times and still have not received payment after 30 to 60 days, and you have not received a clear explanation for the delay, you may need an attorney’s help to cut through the red tape and put some pressure on the company to approve your claim.

Did you buy the life insurance policy less than two years ago?

Life insurance policies typically include a “contestability” clause that allows for policy cancellation and claims denial if, within two years of issuance, the insurer discovers that any material fact was not disclosed during the application process. If the insured dies within two years of obtaining the insurance policy, their original application and other documentation may be carefully examined to see if there were any “material misstatements or omissions.”
For example, if the insured person failed to disclose any medical conditions (e.g., a serious illness such as diabetes, high blood pressure, or depression) or habits (e.g., use of drugs, alcohol, or tobacco), this could lead to a denial of your claim.

The insurance company could spend months evaluating medical records, credit reports, motor vehicle reports, and so on, looking for evidence of a material misrepresentation and a reason to deny your claim. If the two-year contestability period is a factor in your claim, you may need an attorney to speak to the insurance company and convince them that your claim is valid.

Did the insurance company send you a letter of denial?

A life insurance claim may be denied for reasons such as “non-accidental death” or because the policy was rescinded. In many cases, a skillful insurance attorney can help get that denial reversed by conducting an independent investigation of the facts of your case and making a forceful argument to the insurance company.

Consult a Des Plaines Life Insurance Dispute Resolution Attorney 

If you are having problems collecting on a life insurance policy, the intervention of a knowledgeable Palatine life insurance lawyer can help. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will slice through whatever obstacles are standing between you and your insurance payout as quickly as possible. Contact us at 847-934-6000. We serve clients throughout the northwest suburbs, including Arlington Heights, Buffalo Grove, Crystal Lake, Barrington, and Schaumburg.

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.


Surprise! Your Insurance Company is Not On Your Side

Web Admin - Tuesday, March 07, 2017

Rolling Meadow insurance dispute attorneysIf you are like most consumers, you have seen the feel-good insurance commercials. The insurance companies claim to have only your best interest at heart, and promise to be there when things go wrong. Of course you believe them. After all, you pay your premiums every month. What reason would they have to deny your claim? You might be surprised. 

The Ugly Truth About Insurance Companies

Insurance companies are for-profit businesses, and, like most for-profit companies, they are in the business of making money. They cannot reasonably make money if they are busy paying out claims. So they do everything they can to deny them. 

Some use intentionally confusing wording and obscure clauses that their customers could not reasonably interpret. Others offer rewards to their employees who have the lowest payout quotas. Some will even go so far as to use shady practices, such as locking claims in a safe to delay the process so significantly that the customer eventually gives up. 

Sound unfair? It is! Yet it is an everyday issue within the insurance industry. Thankfully, there are some things that consumers can do to mitigate the risks of having their claim denied. 

Never Handle a Claim Alone

First and foremost, consumers should avoid trying to file a personal injury claim on their own. Instead, they should seek the assistance of an experienced personal injury lawyer. Medical insurance claims are somewhat different since, typically, the doctor or office staff initially submit the claim to the insurance company. Those who need to file a claim against their homeowners insurance should seek guidance from someone other than their insurance company since some have been known to drop their customers for even inquiring about a possible claim. 

If Your Claim is Denied or Delayed

Should you experience a denial or delay of a claim, either because you already filed it without assistance, or because of the insurance company’s shady tactics, it is important that you seek experienced assistance before addressing the issue. 

At Drost, Gilbert, Andrew & Apicella, LLC , we have the knowledge, experience, and resources you need to navigate through an insurance claim denial. Dedicated to your best interest, we will fight to get you and your loved ones the fair settlement that you deserve. Learn more about how our Rolling Meadows insurance claim dispute lawyers can assist with your case. Call 847-934-6000 and schedule a consultation 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.



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