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Non-payment of life insurance benefits following the death of a loved one can be devastating to the remaining family members. Most of these disputes involve coverage disputes over allegations of misrepresentation at the time the life insurance policy was purchased and non-payment of premiums. These cases can be very complicated and made more difficult by the fact that usually the party with the greatest knowledge of the circumstances surrounding the policy has passed away.
How we can support you
After being denied the life insurance benefits of a loved one, you might not know where to turn next. You may feel hopeless in this moment, but rest assured you are not alone. When you call Share Lawyers, you will speak with someone who knows what you are going through and can offer you the best possible advice at no cost to you
Why you should contact us:
- It’s free to talk to us
- There are no fees unless you win
- We specialize in life insurance claims and can go through your options
- We make arrangements for a free consultation with one of our life insurance lawyers to see how we can help you get your life insurance benefits
- We're there to answer all of your questions
Why was my life insurance claim denied?
Misrepresentation on Original Life Insurance Application for Policy
Life insurance policies generally include a provision that allows the insurance company to rescind the policy based on an innocent material misrepresentation if death occurs within the first 2 years after the life insurance policy was issued. This occurs if the insurance company concludes that incorrect information was provided when the life insurance policy was taken out and they wouldn’t have issued the life insurance policy had they known otherwise. If you believe that there was no error or omission regarding the information provided, it may be possible to challenge this decision and you should contact one of our life insurance lawyers to discuss whether there is any chance of success in pursuing the claim further.
Exclusions Under the Life Insurance Policy
- Suicide within the first two (2) years
- Death caused by war
- Death from being involved in a speed race (motor vehicle, boating, etc.)
- Death occurs while committing or trying to commit a criminal offence
- Operating a motor vehicle or participating in a dangerous sport while under the influence of alcohol or drugs.
There may be other exclusions, but these are the main ones most life insurance policies have. The circumstances of death are not always clear and sometimes claims are denied without a thorough or complete investigation. If the insurance company is claiming that your loved one passed away for a reason excluded in the life insurance policy, contact our team of life insurance lawyers to see how we can help you.
Example: Fraudulent Misrepresentation Alleged
Here is an example of how a life insurance claim may be denied. A 45-year-old woman decides that she needs life insurance to protect her family from the financial devastation her early death would cause, as she is the sole provider for her family.
She approaches an insurance agent to purchase $500,000.00 in life insurance. She believes she has properly answered all questions related to her medical health history, to the best of her knowledge.
She has disclosed a past history of high blood pressure, which is controlled by medication, but she failed to disclose that she had consulted a specialist regarding her blood pressure in the 2 years prior to the date of her application.
The insurance company reviewed the application and issued the life insurance to her with a higher premium because of the information she provided, but they still issued the insurance to her.
About 5 years after the Life insurance was issued, she died after a battle with cervical cancer.
The beneficiaries under her policy were her son and daughter ages 22 and 19. They submitted the claim to the insurance company and after many months of following up with them, they received notification that the claim was being denied on the basis of misrepresentation.
The son and daughter were relying upon the life insurance proceeds to continue with their university education, and without the financial assistance, it would be very difficult for them to continue to pursue their education.
They couldn’t understand how the insurance company could deny the claim based on an alleged misrepresentation regarding a specialist their mother had consulted around 7 years ago regarding her blood pressure. This didn’t seem to have anything to do with the illness that took her life.
This type of situation is one that Share Lawyers can look into to determine whether there is any hope of recovering all or part of the life insurance proceeds from the insurance company.
A thorough review of the medical information that the insurance company reviewed as well as additional medical records they may have overlooked would have to be undertaken and experts would have to be consulted to determine whether the failure to disclose the one consultation with a specialist would have resulted in the policy never being issues, as the insurance company said in their denial.
With the passage of more than 2 years from the date the policy was issued, the insurance company would have to establish that the misrepresentation was fraudulent or reckless, as well as establishing that the failure to disclose would have resulted in them not issuing the policy.
We Can Help
Before accepting a refusal by an insurance company to pay out on your loved one’s life insurance policy, our lawyers for life insurance claims encourage you to consult further with us to determine whether we can assist you in recovering all or part of what rightly belongs to you or your family.
How much time do I have?
There are time limits to all disability claims and any delay in proceeding may be subject to a deadline so you should not delay in proceeding with your disability claim or obtaining legal advice to clarify these deadlines. We understand how important these timelines are and will respond to any call or email as soon as we can.
Disability Lawyers in Toronto, proudly serving clients in Ontario and across Canada
Are you looking for a disability lawyer to fight for your rights? Our law firm has unmatched experience in disability law and we don't let provincial borders stop us from helping you in your time of need. Your insurance company has a presence throughout Canada and it makes sense to hire a disability law firm that has a true expertise in disability law and has a national presence too. Your insurance company knows who we are and knows that we won’t back down.
Regardless of whether you have just applied for your insurance benefits or have been denied your benefits by your insurance company and need support, we will talk you through all of your options — free of charge. It’s important to be informed about the insurance claim process and to know your rights.
No fees unless you win your case
We understand your situation and that paying for an insurance lawyer can feel out of reach. We are here to help you no matter where you are in the process. That is why we offer a free consultation, why there are no upfront costs to you, and why there are no fees unless you win your case. You’re not alone. We believe in your case, which is why we only get paid when you do.
When you work with us, you get guidance and tools to help you along the way. You will become a member of a privileged group of clients that have access to our hub, called Life reBUILDER™, exclusively from Share Lawyers. It offers six unique services to help rebuild your life and get you back on track, beginning with the expertise of a full legal team all working for you.