Life Insurance Lawyer Montana
Our Montana life insurance lawyers are here to help.
However, there are some situations where a lawyer may be able to fight the denial of a life insurance claim even if the policy has been terminated or canceled. For example, if the policy was terminated or canceled due to an error on the part of the insurance company or the policyholder, a lawyer may be able to argue that the policy should still be in force and that the death benefit should be paid out to the beneficiary.
In some cases, a lawyer may also be able to argue that the insurance company acted in bad faith when terminating or canceling the policy, which could give rise to a separate legal claim. This could occur, for example, if the insurance company failed to provide adequate notice of the cancellation or termination, or if the decision to cancel or terminate the policy was based on inaccurate or incomplete information.
It's important to note, however, that the specific circumstances of each case will determine whether or not legal action is appropriate, and the outcome of any legal proceedings will depend on the evidence presented and the interpretation of applicable laws and policies. If you believe that a life insurance claim has been wrongly denied due to the termination or cancellation of the policy, you should consult with a lawyer who specializes in insurance law to discuss your options.
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Montana Denied Life Insurance Claims Recently Settled
- Family Heritage coronavirus death denied $103,000.00
- GA life intoxication exclusion won $120,000.00
- Iowa Farm COVID-19 death denial $85,000.00
- Reliastar Life sickness exclusion resolved $22,000.00
- Mutual Trust life felony exclusion $14,000.00
- Navy Mutual beneficiary issue $409,200.00
- Starmount Life wrong age on application $30,000.00
- Berkshire Life alcohol denial won $56,000.00
- Accidental Death & Dismemberment fentanyl $209,000.00
- Triple AAA Life lapse of policy nonpayment $51,000.00
- Security Plan Life competing beneficiaries $24,000.00
- Best Family Life suicide denial accidental shooting $103,000.00
- Zurich American wrong social security number $208,000.00
- Pioneer Security suicide clause problem $212,800.00
- Lincoln Memorial life insurance wouldn't pay $97,000.00
- Globe material misrepresentation application $116,250.00
- West Coast accidental drug overdose $317,830.00
- Denied SGLI claim wife versus girlfriend $401,320.00
- Kentucky Central life claim big delay won $38,000.00
- Colonial dangerous activity exclusion $205,100.00
- AIG accidental death insurance coverage exclusion $512,450.00
- Montana denied life insurance claim $1,259,400.00
- Mass shooting denial life insurance benefits $387,000.00
- Denied FEGLI claim that was resolved $125,000.00
- Transamerica commission of felony exclusion $602,531.00
- SGLI form change of beneficiary dispute $400,000.00
- First National Life shooting death denial $187,900.00
- Monumental coverage lawsuit resolved $290,130.00
- Denied AD&D claim due to exclusions $564,000.00
- American General AD&D claim won $412,760.00
- Denied life insurance claim Montana $821,700.00
- Primerica autoerotic asphyxiation claim $108,000.00
- Accidental Death & Dismemberment won $729,500.00
- Stonebridge contestable period issue $101,430.00
- Montana divorce and life insurance $275,000.00
- Lincoln Heritage spouse and ex-spouse $248,000.00
Montana Life Insurance Law
Like most types of insurance, life insurance is a game of numbers. In order for life insurance companies to stay profitable, they have to factor in several variables when setting up a policyholder’s available death benefit, as well as her annual premium amount. These variables include things like age, health, lifestyle, and hobbies.
Typically, life insurance companies gather this information as part of the policy application process. First, they may ask the applicant to undergo a brief physical examination. For example, they might test things like blood pressure, pulse rate, and body measurements. They might also take a blood sample to test for certain diseases, as well as the presence of nicotine or any illicit substances.
Almost without exception, the life insurance company also asks the applicant to fill out a lengthy questionnaire. It asks questions about the person’s health history, exercise habits, and diet. It may also ask questions to determine whether the applicant regularly engages in any “inherently dangerous activities.” These include things like SCUBA diving, skydiving, or motorcycle racing.
All of these factors are then analyzed so the insurer can decide: (a) whether to issue the applicant a life insurance policy at all; and (b) if so, what the annual premium should be. Not surprisingly, people who suffer from illnesses, are obese, smoke, or engage in dangerous sports activities will pay higher premiums than others. This is because the life insurance companies have determined that, statistically, these people are likely to die sooner than people with healthier and less risky lifestyles.
Consequently, life insurers take the application process very seriously. In fact, if an applicant lies in her life insurance application and later dies during the policy term, there are circumstances under which the life insurer can refuse to pay her beneficiaries the death payout she intended for them – even if the policyholder dies of a cause wholly unrelated to the lie in her application. But what if the applicant made a simple mistake or gets some details wrong in her policy application? This article explores one such case.
The case at hand involved a woman in her late thirties named Lelani. Lelani grew up in Hawaii and started surfing with her father at the age of two. For Lelani, surfing wasn’t so much a sport as it was a way of life. Indeed, she was such a natural at it that by the age of 15, she was already competing in the pro circuit with other surfers around the world.
As Lelani approached adulthood, however, she decided to give up professional surfing to pursue a career in the law. She graduated at the top of her law school class, and accepted a job with a prestigious law firm in Los Angeles, where she knew she could continue to surf regularly. Right off the bat, the law firm provided a six-figure salary and a generous benefits package, including life insurance.
Many years later, Lelani was made a partner in her firm. Among other things, that made her eligible for a life insurance policy with a much higher death payout. In order to qualify for that policy, however, she had to undergo a rigorous application process that included a physical examination and a detailed health questionnaire.
Among the questions asked by the insurer was: “Do you engage in any of the following activities more than three times per year?” The questionnaire then listed several different sports, including these two choices: “Surfing” and “Extreme Surfing.” Lelani, who was always very humble about her surfing abilities, indicated that she was a surfer, but denied being an “extreme” surfer.
In fact, for years Lelani had spent each of her vacations traveling around the globe chasing the biggest waves she could find. To Lelani, there was truly nothing “extreme” about this. Surfing was simply a core part of her being.
The insurance company accepted Lelani’s application and issued her a $4 million policy. She paid slightly higher premiums based on the fact that she surfed regularly but nowhere near the premiums she would have paid had she indicated she was an “extreme surfer.”
A tragic accident and a life insurance claim denied
Just under two years after the issuance of the policy, Lelani was killed in a freak surfing accident off the coast of Hawaii. Her husband, who was the sole beneficiary under her life insurance policy, filed a claim for the $4 million payout.
Because her policy was so new, the insurance company undertook an investigation into Lelani’s death, as well as the circumstances of her life before the accident. Insurers often do this hoping they’ll find inconsistencies between the policyholder’s application answers and their actual lifestyle. If they do, they almost routinely deny any claim against the policy.
Such was the case with Lelani. Her insurer scoured her social media pages and discovered that for years she had been engaging in what the company considered “extreme surfing.” They denied the claim on that basis.
This didn’t sit right with Lelani’s husband. He contacted a lawyer specializing in the wrongful denial of life insurance claims. They discussed the circumstances of Lelani’s life and death. The lawyer decided the claim denial was worth contesting as several witnesses were available to testify that Lelani – always humble – would have never described herself as an extreme surfer.
After much negotiation with the insurer, the lawyer was able to structure the following deal: the insurance company paid the death benefit to Lelani’s husband, minus the difference between (a) what Lelani had paid in premiums prior to her death; and (b) what she would have paid had she stated on her application that she was an extreme surfer. All in all, a fair result for Lelani’s husband and the insurer.
As attorneys who specialize in life insurance claim denials, we successfully contest claim denials like this all the time. If you have received a claim denial that seems questionable, call us today. We’ll evaluate your case and help you get the payout you truly deserve. Call today.