What insurance companies do not tell the beneficiaries is that their rights are not only determined by the insurance policy, but also by the Insurance Code. Law offers beneficiaries and policyholders many more protections that a life insurance contract that is designed by the insurer and first of all protects the insurer’s interests.
Thus, under the state law, only a material misrepresentation can form the basis for policy rescission. The law states that no misrepresentation or false warranty made by the insured in the negotiations for the policy of insurance, or breach of a condition of such policy shall defeat or avoid the policy or prevent its attaching unless such misrepresentation was stated in the policy or rider attached to the written application.
What every beneficiary needs to know is that an insurance company cannot void an individual life insurance policy after it has been in force for two years, except for nonpayment of premium. In addition, if your Life Insurance Attorney overturns the denial of your claim, you may be entitled to interest on the death benefits for the time period it was wrongfully withheld from you. If the insurance company’s actions are especially egregious and your case is litigated in court, you may be entitled to special treble damages.Furthermore, many life insurance contracts are written using ambiguous terms that are subject to more than one interpretation. Under law, a life insurance contract that is ambiguous will be construed in favor of the insured. Your Life Insurance Lawyer will help you review the policy and ensure that your rights are fully protected after your claim for death benefits was denied.
Our law firm represents beneficiaries and insureds in claims for death benefits and proceeds of life insurance and accidental death and dismemberment policies, as well as ERISA claims arising out of group insurance policies. When ERISA governs your claim, the appeal process is different from a regular state law claim. There are strict deadline sunder ERISA, therefore, the earlier you retain an ERISA, the better it is for your case.
More info: Lawyer for life insurance claims