Life Insurance Claims
As a life insurance lawyer Delray Beach FL respects might confirm, when someone purchases life insurance, they do so to protect and to provide for those that they leave behind. Unfortunately, the financial peace of mind that the insured intended to provide to his or her loved ones is extinguished when the insurance company does the unthinkable and refuses to honor a claim after the insured dies. This can be financially devastating to the survivors, who often need the proceeds from the insurance policy to replace the loss of income suffered as a result of the loss of their loved one.
One of the most frequent excuses that life insurance companies give for not paying is that the insured allegedly made a material misrepresentation on the application for the policy. Usually the claimed misrepresentation is related to the health of the insured. The insurance company will typically claim that the insured failed to disclose a medical condition, and that if it was disclosed, the insurer would not have issued the policy. A top life insurance lawyer Delray Beach FL depends onunderstands that not all misrepresentations, however, are “material misrepresentations.” In order to be considered a “material misrepresentation,” the insurer must show that information on the application was inaccurate and would not have issued the policy, would have issued it at a higher premium or would have issued it with exclusion for a death due to a specific type of medical condition. If the insurer cannot prove these things, the alleged misrepresentation is not considered to be material, and the life insurance company must honor the claim.
If an insurer rescinds (voids) coverage based on a material representation on the application, Florida law states that it must do so within 2 years from the issuance of the policy. Thus, once a life insurance policy has been in force for 2 years or longer, it is very difficult for an insurer to deny a claim based on an alleged misrepresentation on the application. If an insurer does rescind a policy due to alleged misrepresentation, it must refund all premiums paid up to the time it voids the policy.
If an insurer denies coverage to an insured, or fails to honor a claim in full, Florida law allows the insured to recover Delray Beach life insurance attorney’s fees if a lawsuit is successfully brought against the insurer. Thus, even if the amount in dispute is rather modest, a lawyer who is successful in helping an insured can recover their fee from the insurer for the time spent assisting the insured.
Insurance disputes, like insurance policies, can be complicated and difficult for most people to understand. An experienced insurance lawyer can help you determine whether you have a valid claim. Please feel free to call me to discuss your case. The initial consultation is free, and you will speak directly with me, Eric Luckman, about your claim and your rights.
The initial consultation is free, and you will speak directly with me, Eric Luckman, a life insurance lawyer Delray Beach FLtrusts,about your home healthcare or long term care insurance and your rights.
Eric Luckman is a Florida Board Certified Civil Trial lawyer. Less than 2% of lawyers in the state of Florida are recognized with this prestigious certification. Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.
Feel free to call our office to discuss your case. The initial consultation is free, and you will speak directly with Eric Luckman, about your claim and your rights.
An experienced life insurance lawyer Delray Beach FL counts on can help you determine whether you have a valid claim.