Top

Statutory Interest on Delayed Life Insurance Claims

|

Life insurance companies delay claims for one simple reason.

Delay costs beneficiaries time.
Delay costs insurers almost nothing.

That changes when statutory interest applies.

In many states, insurers that wrongfully delay paying life insurance benefits owe interest on top of the death benefit. When applied correctly, interest turns delay into a liability instead of a tactic.

What statutory interest actually is

Statutory interest is a penalty imposed by law when an insurer fails to pay benefits within a required time period.

It is not discretionary.
It is not based on fairness.
It is triggered by delay.

Each state sets its own rules, including:

  • When interest begins to accrue

  • The applicable interest rate

  • Whether interest is mandatory or conditional

  • Whether good faith excuses delay

Insurers rarely explain this to beneficiaries.

When interest typically starts running

Most statutes tie interest to a specific event, such as:

  • Receipt of proof of loss

  • Completion of claim investigation

  • Expiration of a statutory payment window

  • Issuance of a wrongful denial

Insurers often argue that interest never started because the claim was “under investigation.”

That argument is frequently overstated.

Delay versus investigation

Insurers are allowed reasonable time to investigate a claim.

They are not allowed unlimited time.

Common delay tactics include:

  • Repeated document requests

  • Waiting on third party reports indefinitely

  • Leaving claims marked “under review”

  • Restarting investigations without explanation

At some point, delay becomes wrongful. That is when interest exposure begins.

Why insurers downplay interest exposure

Interest undermines the economics of delay.

Once interest is in play:

  • Every month costs the insurer money

  • Reserves increase

  • Settlement pressure rises

  • Denials become riskier

For that reason, insurers often ignore or minimize interest until it is forced into the conversation.

Interest as leverage in negotiations

Statutory interest is rarely the headline issue.

It is leverage.

When properly documented, interest can:

  • Increase settlement value

  • Shorten delay timelines

  • Force insurer explanations

  • Undermine claims of reasonableness

In some cases, interest alone becomes significant, especially in large benefit policies delayed for years.

ERISA claims are different

Most ERISA governed group life policies do not automatically allow state statutory interest.

Some courts allow interest as equitable relief. Some do not.

That distinction matters.

Interest arguments are strongest in individual life insurance policies governed by state law.

Common insurer arguments against interest

Insurers often argue:

  • The delay was reasonable

  • The claim was complex

  • Information was missing

  • The beneficiary caused the delay

  • Interest is discretionary

These defenses succeed only when supported by facts. Blanket delay is rarely excused.

How interest exposure changes litigation posture

Once statutory interest is clearly in play, insurer posture often shifts.

Denials get reconsidered.
Settlement discussions accelerate.
Delay tactics fade.

Interest reframes the dispute from whether to pay to how much delay will cost.

Why beneficiaries rarely hear about this

Most beneficiaries focus on getting the death benefit paid.

Insurers encourage that focus.

They do not volunteer that delay may be costing them money or that interest is accruing.

That silence is strategic.

How these claims are actually used

Successful use of statutory interest requires:

  • Identifying the correct statute

  • Pinpointing when interest began

  • Documenting unreasonable delay

  • Preserving the issue early

  • Raising it before litigation or during it

When done correctly, interest becomes a pressure point insurers cannot ignore.

Do You Need a Life Insurance Lawyer?

Please contact us for a free legal review of your claim. Every submission is confidential and reviewed by an experienced life insurance attorney, not a call center or case manager. There is no fee unless we win.

We handle denied and delayed claims, beneficiary disputes, ERISA denials, interpleader lawsuits, and policy lapse cases.

  • By submitting, you agree to receive text messages from at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy