Things to Consider Before Hiring a Life Insurance Lawyer

Things to Consider Before Hiring a Life Insurance Lawyer

When a loved one dies and your life insurance company denies your life insurance claim, you need an experienced life insurance lawyer on your side. The right life insurance attorney can get your denied life insurance claim paid fast. There are several things you need to consider when you search for an attorney who deals with denied death claims. 

  • Experience 

First, when it comes to fighting denied life insurance claims, experience matters! A life insurance company may use a variety to reasons to deny your life insurance claim and your attorney should know how to fight all of them. Only an experienced life insurance lawyer who has worked with many life insurance claim denials and delays and who has fought many life insurance companies will be able to get you the results you want. 

  • Expertise 

Second, a death claims lawyer fighting denials must have great knowledge of the life insurance law and know how life insurance companies deny life insurance claims. For example, a life insurance or an accidental death claim may be denied due to life insurance lapse, life insurance beneficiary disputes, exclusions in the policy, failure to submit evidence of insurability, failure to file a conversion application, material misrepresentation, automatic revocation upon divorce and many other reasons. To successfully appeal the denial and overturn the insurance company’s unfavorable decision, your life insurance attorney must be in expert in the field of life insurance law. Life insurance lawyers working exclusively in the field of life insurance law are better equipped to get your denied life insurance claim paid fast. During your initial consultation with an attorney ask him/her whether life insurance law is their expertise. At Kadetskaya Law Firm, our life insurance attorneys handle exclusively life insurance matters of different types. If your death claim has been denied, call us for help. 

  • Fees 

Third, ask about all the fees that may be involved. When you consider which law firm to hire to fight a large life insurance that denied your claim, you want the best life insurance attorney. However, legal work may be very expensive. Some life insurance lawyers charge an hourly fee that must be paid upfront even if they are not successful at getting you any money. Moreover, there may be litigation costs associated with fighting a life insurance claim denial in court. Contingent fee contracts, on the other hand, allow a life insurance beneficiary whose claim has been denied to hire an attorney without paying anything upfront but paying a percentage of the recovered sum if the life insurance lawyer wins the case. This may help beneficiaries of life insurance policies whose claim has been denied to hire a lawyer for life insurance claims even if they do not have a large sum of money to pay the legal fee upfront. At Kadetskaya Law Firm, our attorneys work mostly on a contingent fee basis and charge a fee only if they win your case. 

  • Client Reviews 

Fourth, online research is very importance. Today, most research is done online. Researching a life insurance attorney should not be an exception.  There are many different websites (such as avvo.com) that allow clients to write a review for their life insurance lawyer’s service online independently of the law firm.  Attorneys cannot remove an unfavorable review posted by their clients and can only comment on a review. While searching for a life insurance lawyer to hire, focus on reading client reviews. It will allow you to accurately assess your life insurance lawyer’s skills and professionalism. Kadetskaya Law Firm has dozens of positive five-star reviews of grateful clients whom we helped to get their denied death claims overturned. 

  • Communication 

Finally, one of the main reasons clients are unhappy with their attorneys is poor communication. Life insurance attorneys are busy and may have many client meetings, court appearances, depositions, etc. However, when it comes to communication, they must set aside time to return emails and calls to make sure their clients are aware of everything that is happening in their case. Unfortunately, not all law firms are great at returning client calls in a timely fashion. Not only does this cause frustration in a new client, but it can also undermine trust in the life insurance lawyer and even the success of the case. If your life insurance claim has been denied and you are considering a particular law firm, ask them about their practices of communicating and decide what level of communication you are comfortable with. One of the central topics in all of our client reviews at Kadetskaya Law Firm is the accessibility of our life insurance lawyers. We usually return client calls and emails within a few hours. 

Life Insurance Law Definition

Life Insurance Law Definition

What is life insurance law? What type of law firms resolve life insurance disputes? Where should I start my research? Many people do not have to deal with life insurance law or attorneys who practice it. However, if you are one of the people who have been turned down by a life insurance company after a loved one died, this article will help you understand your legal options. While life insurance law is practiced by both plaintiff and defense attorneys, this blog is focused only on the laws protecting a person whose life insurance claim has been denied. 

Generally, life Insurance law is an area of law that deals with life insurance and accidental death policies, life and accident claim review and litigation that may ensue as a result of disputes involving denied or delayed life insurance and accidental death claims. While life insurance issues may be handled as part of general litigation, divorce or estate planning, there are law firms that specialize only in life insurance. Plaintiff’s life insurance attorneys represent an individual whose claim has been denied. They protect the individual’s interests in his/her fight against life insurance companies, employers, group plans and competing claimants. Life insurance law is diverse and varies from state to state. In addition, some policies are controlled by federal insurance laws and not state insurance laws. An experienced life insurance attorney will explain which law will apply and how your case will proceed. 

Life insurance law may encompass many different scenarios, the most common ones are listed below: 

  • revocation of a former spouse as a life insurance beneficiary under state law; 
  • denial or delay of a life insurance or an accidental death claim; 
  • beneficiary dispute; 
  • contestability investigation; 
  • conversion of a group policy into a private policy; 
  • estate planning using life policies; 
  • changing beneficiaries following a divorce or a court order;  
  • setting up a trust involving a life insurance policy; 
  • naming minors as beneficiaries on life insurance policies; 
  • problems arising from not complying with policy terms; 
  • group life insurance requirements for evidence of insurability; 
  • group life insurance requirements for waiver of premium; 
  • life insurance policy lapse; 
  • group life insurance claim denials in policies controlled by ERISA; 
  • disputes about which law applies to a particular life insurance policy; 
  • denial of claims for supplemental life insurance obtained through employment;  
  • payment of claims to the wrong beneficiary; 
  • ERISA violations by fiduciaries in life insurance cases. 

At our law firm, we have helped hundreds of clients with these and many others life insurance matters. We have experience in resolving beneficiary disputes, winning ERISA appeals, and overturning life and accident claim denials. As our potential client, you will receive a free consultation and a free confidential review of the documents in connection with your case. Our life insurance lawyers do not charge any fees unless we win your case. Call us today at 1-888-510-2212 for a free consultation. 

Lapsed Policy

Lapsed Policy

Our client called us after her life insurance claim was denied following her husband’s death. The insurance company said that the policy had lapsed for non-payment of premium and was not in effect at the time of her husband’s death. Our client and her husband had paid for this policy for over 10 years and never missed a premium. The insurance company did not send a proper lapse notice to them and did not warn them about the impending policy lapse.

Our law firm was able to successfully recover this lapsed claim.

ADD Claim Denied Due to Intoxication

The insured in this case died in a motorcycle accident. At the time of his death he was covered by a group life insurance policy.  The policy provided basic life insurance, and double indemnity if the insured died solely through violent, external and accidental means.The insurer refused to pay the additional accidental death benefits on the ground that the insured’s death was excluded from coverage because he was driving while intoxicated at the time of his death.

Our client, the insured’s daughter, contacted us soon after she received the denial letter. The denial seemed unfair – her father’s motorcycle was rear ended by a large truck and there was absolutely no indication of the insured violating any traffic rules that would have in any way contributed to the collision.

Our life insurance attorney successfully appealed the denial of benefits and the claim was paid in full.

Employer Liable for Denied Life Insurance Claim

Our client’s employer offered group life insurance coverage to her and her family. She applied for coverage for her domestic partner. Her application was approved and premiums for dependent group coverage were deducted from her paycheck. When her domestic partner died, however, the insurance company denied her claim stating that she failed to provide a notarized affidavit or a signed statement reflecting that the couple have met the definition of a domestic partnership as outlined in the policy. While both the insurance company and the employer had an ample opportunity to request an affidavit during the 2.5 years that the coverage was paid for, they failed to do so. Instead, they accepted our client’s premiums for dependent coverage and made misrepresentations to her that coverage on her partner was in effect. It was not until the insured’s death that the issue of an affidavit was even raised.

Our law firm was successful in recovering the denied dependent claim from the employer.