If you have had a life insurance claim denied make sure to obtain an attorney who knows how the defense is going to work. You attorney needs to know all insurance defense laws.
Insurance companies are not out to work in your best interest. They are protecting themselves. Many companies hope that a plaintiff will feel intimidated by their tactics. This is why you need the right attorney who is not intimidated by the defense. You will also get the maximum settlement that you deserve. At this point, it is the insurance companies that will be concerned.
Any insurance company knows how to take advantage of a plaintiff that is not represented properly. The law will favor the insurance company over someone who is not aware of the laws. Your attorney should know the insurance defense laws inside and out.
The problem that arises with life insurance is that all claims are subject to the Employee Retirement Income Act. This causes many attorneys to turn down these cases. They fear the complexity they will be taking on.
ERISA only allows one appeal of a denied claim with most of the insurance policies. These cases need to be handled as if it is a claimant’s one and only shot. This is why it is vital that your attorney be up to date on insurance defense law. If the appeal is not made, there will be no rights in filing another lawsuit.
If the claim is denied, a claimant must then take their claim to federal court. There is to be no new evidence or witnesses after the first appeal was denied. If the claimant has tried to represent himself or herself, their case will pretty much be lost before it even makes it to federal court.
Without the proper preparation by an experienced attorney who is up to speed with insurance defense law, most appeals will be denied. One big roadblock is the fact that is always the same insurer that reviews the appeal. If this company denied your claim in the first place, it will be hard for them to want to say yes to an appeal. Many people are stuck in this loophole.
Insurance companies have many excuses for denying claims. There is always the accusation of some kind of fraud on the plaintiff’s part. They will often use the excuse that here was some form of non-disclosure in the insurance policy application. Then they will shoot for preexisting conditions, self-inflicted injuries due to drunk driving or some other careless act, or other dangerous behaviors that made the person high risk.
If you find yourself in this situation, do yourself a favor by hiring an attorney. Major attorneys and investigators already back insurance companies. They know coming in to a case that the claimant is already at a disadvantage. You need an attorney that you can work hard with and that you are comfortable with. You need to obtain what you deserve.
This article is not intended as legal advice.
Website Resource: The Snyder Law Group. Serving in Bradenton, FL and Lakewood Ranch.