Life Insurance Attorneys In New Jersey And New York

Adding the burden of wrongfully denied life insurance proceeds to the grief of a death can overwhelm a surviving beneficiary. But, you must stand up and fight the insurance companies for payment of death benefits bought and paid for by the deceased under a life insurance policy. And with an experienced life insurance attorney, you can do so with confidence. A New York/New Jersey life insurance lawyer at Uscher, Quiat, Uscher & Russo, P.C., can help you with a life insurance claim denial.

Experienced Advocacy For You At A Most Vulnerable Time

Our attorneys have been litigating denied life insurance claims for more than 40 years. We know the insurance carriers and how they operate from hard in the trenches experience.

So, if you lose a loved one, rest assured that our life insurance attorneys will fight to get full and timely policy benefits for you. Moreover, we will do so in a compassionate, “client-oriented” way.

Denial Of Life Insurance Claims

With major dollars on the line in a life insurance claim, insurance companies frequently rely on the “wimp” factor. They look for any justifications, no matter how dubious, to deny death benefits to beneficiaries and wait to see if wrongful denials are challenged, because often they are not. For example, they may look at the cause of death. For example, Uscher, Quiat, Uscher & Russo, P.C., life insurance attorney represented the family of a person who had high altitude pulmonary edema “HAPE,” a rare medical condition. This person died suddenly of a seizure aboard a commercial airline. The policy language covered only death by “natural causes.“ The insurer claimed the cause was “accidental death” brought on by high altitude and not covered by the policy. After research by Uscher, Quiat, Uscher & Russo, P.C.’s legal team found that this precise issue had been decided against an insurance carrier in a similar case in California, the insurer paid our client’s claim.

The bottom line is DON’T TAKE “NO” FOR AN ANSWER. Push back!

Incontestability

An insurance company may deny life insurance claims because of omitted facts or misstated information on the original application for life insurance coverage. Uscher, Quiat, Uscher & Russo, P.C., argues incontestability if the information was provided in good faith and the carrier did not raise the objection until years later. After two years, the insurers must prove intentional fraud by clear and convincing evidence in order to cancel coverage.

Preexisting Conditions

When faced with paying out on a life policy, many insurance companies deny benefits because they say that the deceased concealed a medical condition when applying for the policy to qualify for coverage. Uscher, Quiat, Uscher & Russo, P.C., has won policy payouts with the counter-argument of post-claim underwriting: that is, that the insurance carrier was happy to take the deceased’s premiums without checking available data and only scrutinized medical information after a claim was filed.

Responsive Legal Representation

Insurance companies have very little sympathy for policy beneficiaries. This is coupled with a strong inclination to deny claims if they can come up with a plausible-sounding excuse to do so. And you can be sure they are very good at finding such excuses. But don’t take “no” for an answer. Some benefit denials are wrong and must be challenged.

Uscher, Quiat, Uscher & Russo, P.C., cares for people. Our life insurance attorneys fight hard to secure the life insurance benefits clients desperately need. If a claim has been denied, we will carefully examine the reasons offered by an insurance carrier, and push back aggressively when those reasons just don’t add up.

Frequently Asked Questions About Life Insurance Claims

Losing a parent or loved one comes with tremendous grief and hardship. When an insurance company wrongfully denies a life insurance claim, you could face even more difficulties. At Uscher, Quiat, Uscher & Russo, P.C.,  our life insurance attorneys are here to answer your questions and fight for the benefits you deserve. We offer free consultations to clients in New York, New Jersey and nationwide under ERISA. In the meantime, please see some answers to frequently asked questions below.

What Is Life Insurance?

Life insurance is an insurance policy you can purchase from an insurance company to provide benefits or payments to your beneficiaries after your death. There are different types of life insurance policies available for purchase depending on your unique needs and circumstances.

How Do I File A Life Insurance Claim?

The first step in filing a life insurance claim is to obtain a certified copy of the death certificate and inform the insurance company of the death. After completing and submitting the required forms along with any supporting documentation, the insurance company will review your claim and make a determination.

Why Do Insurers Deny Life Insurance Claims?

The most common reasons for life insurance claim denials include material misrepresentations on applications for insurance, missed payments, expired term life insurance and exclusionary terms. Insurers will claim material misrepresentation when they believe the insured individual purposefully falsified or concealed important information. For example, concealing your history of smoking on your application could lead to a denial for your beneficiaries, if the claim comes in before the expiration of the contestability period, which is typically 2 years after the date the policy was issued. Some policies can extend the contestability period indefinitely, depending on the language of the policy, in the event of a fraudulent misstatement on the application. The actual policy language itself is critical to understanding your rights.

Can I Appeal A Denied Life Insurance Claim?

If an insurer denies your life insurance claim, you have the right to appeal the decision.  Especially in the case of an ERISA employee benefit plan which requires that you exhaust your administrative remedies before filing a lawsuit, the appeals process can be complex and requires careful consideration of every detail and piece of evidence. Our lawyers at Uscher, Quiat, Uscher & Russo, P.C., will help you through every step of the process.

Dealing With A Claim Denial? We Can Help.

Uscher, Quiat, Uscher & Russo, P.C., attorneys promptly return phone calls; moreover, we will take the time to examine your policy and explain your rights. Contact our insurance attorneys for a no-cost, experienced examination of your policy language and the merits of your case. Call 201-342-7100 or send an email today.