Life Insurance, Long-Term Disability & Commercial Insurance Litigation Attorneys
Insurance companies regularly reject claims that require further investigation or clarity, which can happen during a vulnerable time in your life when you’ve lost a loved one or suffered from a debilitating accident. Life and disability insurance claims can offer significant rewards to a family during these trying times. Commercial insurance claims, in turn, develop future business opportunities.
The Law Offices of Michael B. Brehne, P.A. is here for you and your family during these difficult times. If your insurance company has denied a claim, or you need assistance, contact our insurance litigation attorneys in Orlando, FL for representation. We’re ready to help you receive your rightful compensation.
This type of insurance is a contract between a policyholder and the company providing the policy. Generally, as long as the premium payments are made on a continual basis, the company will pay a sum of money to a designated beneficiary when the policyholder dies. The two most common forms are:
- Term Life: Low-cost insurance is provided over a specified time period.
- Whole Life: Once the premiums are paid, a cash value for the policy builds over time.
Contracts may augment the policy itself and may have a variety of forms, such as fixed or variable annuities; additional benefits for disability or due to accidental death or injury; and endowment benefits. Most life insurance policies don’t provide coverage for workers’ compensation benefits.
Types Of Life Insurance Claims
The Law Offices of Michael B. Brehne, P.A. handles a wide range of life insurance claims, including:
Sadly, the life insurance company would rather not pay out a claim, so it may dawdle by asking for nonessential documentation or forms, creating delays. If this happens to you, contact an insurance dispute attorney with the Law Offices of Michael B. Brehne, P.A.
This situation arises when the company is unsure to whom the benefits should be paid. Rather than risk double payment — paying the correct beneficiary and someone not designated — the monies are given to the court. Then, suits are filed against the potential beneficiaries who have to fight for the benefits under the auspices of federal law as many of these cases are filed in federal court.
Material Misrepresentation Resulting In Denial
Many insurance companies launch an investigation when a policyholder dies within two years of their application. The application and policy are examined to determine whether material misrepresentations were made, and if so, it often results in a claim denial.
Former Spouse Listed As Beneficiary
A recent legal change in Florida governs what happens in situations where a former spouse is still listed as a beneficiary on life insurance policies. In divorce situations, the law deems the former spouse predeceased which then gives the insurance company the ability to — if they choose — pay benefits to the contingent beneficiary. Yet, special and specific facts must be met for the contingent beneficiary to receive benefits instead of the living former spouse.
Policy Cancellation For Nonpayment
A cancellation for nonpayment doesn’t always negate your right to a claim as the insurance company may have improperly canceled the policy. Examples include prepayments and regular payments not being applied to the policy and termination notice being sent to the policyholder before the company can legally do so.
Payments Due To An Estate
The policy may be paid out to an estate rather than a specific beneficiary in the event one was not on record.
How Do I File A Life Insurance Claim?
Unfortunately, filing a claim is done during a highly emotional time after the death of the policyholder. To file, contact the life insurance company who will explain what is needed for proof of death. They usually also have specific forms that have to be filled out accurately and entirely for the claim to not be subject to denial.
Common Reasons Life Insurance Claims Are Denied
There’s a long list of reasons why a company may deny a life insurance claim, but three of the most common reasons are:
- A misrepresentation on the policy application
- Failure to make all premium payments
- Fraudulent activity by the life insurance company
In the event employees are unable to continue working, most turn to disability insurance. It may be provided by their employer or held separately but the idea is the same — provide benefits to help the injured employee and their loved ones for an amount of time. But, for every benefit paid, it’s less revenue for the disability insurance company which some attempt to mitigate by denying valid claims. That’s when the disability insurance lawyers with the Law Offices of Michael B. Brehne, P.A. can assist you and fight for benefits due to you.
Most employer-sponsored disability insurance policies are directed by the Employee Retirement Income Security Act (ERISA). Because of the strict rules overseeing the claims, filing an appeal can be a difficult process. Most claims only receive one opportunity to appeal and are highly restricted as to if any new information can be used on appeal.
Private Disability Insurance Appeals
Many professionals, such as doctors and lawyers, carry private insurance, and in turn, are limited to the actions and rules of private insurance companies. Claim delays or outright denials aren’t uncommon and many professionals turn to an insurance dispute lawyer for help fighting the insurance company.
Due to the increased liabilities of businesses, commercial insurance provides recourse in the event business equipment and/or property is damaged. Unfortunately, many businesses find themselves hassling with the insurance company when they have to file a claim and a commercial insurance dispute can quickly hamper operations. Our attorneys are well-versed in the Florida insurance industry and regulations guiding it. We can help in a wide variety of related areas, including avoiding unnecessary contractual exposure, policy disputes, and professional liability.
Insurance Dispute Lawyers
If an insurance company rejects your insurance claim or ignores it completely, you owe it to yourself to seek reputable legal guidance. Insurance companies can be reluctant to “reward” customers with what they are entitled to because of the losses associated with the claim. It is important to realize that this is exactly the tradeoff insurance companies make. An insurance company needs to recognize its obligation to abide by its agreement with its customers when its customers abide by paying their premiums.
If your insurance company rejected your life, disability or commercial insurance claim, it is imperative that you seek reputable legal guidance. A knowledgeable and experienced insurance dispute attorney can assist you in negotiating with insurance companies and can even take insurance companies to court to force them to pay your claim.
Protecting You From Dishonest Insurance Companies
At the Law Offices of Michael B. Brehne, P.A., we regularly represent clients regarding insurance claim disputes. We offer a skilled, personalized approach to getting you what you deserve from insurance companies, in a timely manner.
For more information about our experience with the favorable resolution of life, disability, and commercial insurance claims, contact our office.