Why hire a life insurance lawyer?
Life insurance lawyer
I handle a lot of life insurance cases. Primarily in Texas, but at times in other states as well. Life insurance beneficiary disputes make up half or more of my caseload. Because I handle them so often, I have a good feel for not only the law but also the strategy of litigating and resolve the disputes. Also, after a dozen years I have a good idea of which cases are strong and which have significant problems, either factually or legally. I do take some difficult cases, but craft a strategy to maximize the result.
Can a lawyer who does not routinely handle life insurance cases get successful outcomes? Certainly. Just like I could get a good result in a divorce, criminal, or personal injury case. But I do not take those cases, because I believe other lawyers would be much better fits.
The practice of law has become much more specialized over the past few decades. It is very hard to keep up with the substantive and procedural aspects of many different types of civil and criminal cases. That is why it is important to hire an experienced life insurance attorney to make your claim to the death benefit. Whether a life insurance beneficiary dispute or a denied life insurance claim, it is very important to hire an experienced life insurance claim lawyer.
I receive calls from people involved in life insurance cases who want to change lawyers. I rarely get involved in taking over for another law firm, for various reasons. When I look up the lawyer they hired, invariably they appear to have little or no experience in life insurance disputes. When I ask why they hired that lawyer, the answers are along the lines of “they handled my brother’s divorce” or they “represented my brother in law when he was arrested for DUI” or “his office was only a few blocks away from me.” Those are not good reasons to hire a lawyer for a specialized case.
Why life insurance claims are complex
Some cases are governed by state law, some cases are governed by federal law
A case can be lost upfront if your lawyer does not know what law governs a life insurance dispute
ERISA cases are tried to a judge, not a jury
FEGLI and VGLI cases are generally tried to a jury
Suing a life insurance company for filing an interpleader is generally not a good idea
A spouse does not have an automatic right to life insurance benefits
A spouse may have a community property interest, but only under certain circumstances
A spouse may have a contribution claim for the insurance premiums
An ex spouse may be disqualified from receiving life insurance benefits, depending on what law applies
State law applies regarding the contestability period for alleged application misrepresentations to void the insurance policy
If a claim is denied, can the life insurance company be liable for attorney's fees?
Do state laws offer safeguards if the insurance company claims the life insurance lapsed?
Did the insured substantially comply with the life insurance company's beneficiary designation process?
The differences between accidental death insurance and life insurance
Life insurance denials and disputed death benefits
Whether you are involved in competing claims to the life insurance benefits or you are fighting an insurance claim denial, consulting an experienced insurance attorney is crucial. And it is important to consult with a lawyer upon the death of the insured, not months later.
In an interpleader case, the insurer is willing to pay the claim. The insurer just asks the court to decide who to pay. Common reasons for a beneficiary dispute include claims of a lack of mental capacity or undue influence.
A common reason for the insurance company to deny a life insurance claim is that the insurer may claim a misrepresentation on an application and such voids the policy. We often review life insurance claim denials, with a free consultation.
Call us for a free case review
If you face a competing beneficiary claim or if you your life insurance claim as denied, give us a call. We focus on handling beneficiary disputes and denied or delayed claim payments. Call today and ask for lawyer J. Michael Young at (800) 323-1857.
Q: What is the role of a life insurance claim lawyer?
A: A life insurance claim lawyer specializes in handling legal matters related to life insurance policies. They assist policyholders and beneficiaries in filing and resolving claims against insurance companies.
Q: How do I know if I need a life insurance claim lawyer?
A: You may need a life insurance claim lawyer if your claim was denied, delayed, or if the insurance company won't pay the benefits you are entitled to. A lawyer can help you understand your rights and navigate the legal process.
Q: How can a life insurance claim lawyer help if my claim was denied?
A: If your life insurance claim was denied, a lawyer can review your case, gather evidence, and represent your interests in negotiations or litigation against the insurance company. They will work to ensure you receive the benefits you are entitled to.
Q: How should I choose a life insurance claim lawyer?
A: It is important to consider their experience in handling life insurance claims, their success rate, and their knowledge of insurance laws. You should also look for a lawyer who offers a free consultation to discuss your case.
Q: What steps should I take if the insurance company denies my claim?
A: If the insurance company denies your claim, you should consult with a life insurance claim lawyer. They can review the denial letter, gather evidence to support your claim, and represent you in negotiations or litigation against the insurance company.