By: Boonswang Law Firm

Can You Sue for Life Insurance Proceeds?

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The answer is yes. There are four circumstances under which you can file a lawsuit to collect life insurance death benefits.

  1. The life insurance company is unreasonably delaying payment of your claim for death benefits.
  2. The life insurance denied your claim for death benefits.
  3. There is a beneficiary dispute.
  4. A creditor can sue someone to collect on a debt, obtain a money judgment, and collect from the life insurance proceeds the debtor received if state law allows. For example, Florida life insurance laws prohibit creditor collection on life insurance proceeds.

This article will explain the three scenarios that warrant a lawsuit against the life insurance company. If your claim for death benefits was denied or is being delayed for no good reason, or if you want to contest a beneficiary designation, call the experienced life insurance lawyers at Boonswang Law to discuss your case, free of charge. You don’t have to fight the life insurance companies alone!

How to Sue if the Life Insurance Company is Unreasonably Delaying or Denied Payment of Your Claim

If 30 days have passed since you filed your claim for death benefits and you have not heard from the life insurance company, or the life insurance company tells you they are still investigating, or the life insurance company denied your claim, it is time to discuss your case with an experienced life insurance lawyer.

Why do you need to work with a life insurance attorney? Because life insurance companies operate like any other business – to make a profit. To this end, life insurance companies seek to collect more in premium payments than they pay out in claims for death benefits. In other words, their quest for profits puts their interests in conflict with the interests of the insured and your interests as beneficiary.

Life insurance companies employ teams of attorneys to justify delaying and denying what are later determined to be valid life insurance claims. To level the playing field, you need your own experienced legal representation if your claim is not paid within 30 days. And if the delay in paying your claim was unreasonable, you may be entitled to interest on the death benefits!

Steps to Take When Your Life Insurance Claim is Delayed or Denied

  1. Collect all correspondence from the life insurance company regarding your claim, as well as a copy of your completed and filed claim form and the policy itself, if available.
  2. Consult with an experienced life insurance attorney, who will assess your case free of charge. Reputable life insurance lawyers take cases on contingency, meaning that they do not get paid unless you do.
  3. Let your life insurance lawyer negotiate with the life insurance company to get your payout. Our team has been able to settle many cases and get our beneficiary clients paid at this stage. Call us at 1-855-397-6236 for immediate help.
  4. If the life insurance company will not pay, your life insurance attorney will draft and file a complaint against them under the laws of your state, and advocate for you in court.

State law varies as to how to dispute a delayed or denied life insurance claim. Rest assured that our team of life insurance lawyers has experience in every state in the nation. We can efficiently and effectively employ your state’s legal process to get you paid, if and when negotiations with the life insurance company fail. Call us for your free, no-obligation consultation.

How to File a Life Insurance Beneficiary Dispute

There are several circumstances under which you may want to contest a life insurance beneficiary designation. In these cases we will represent you in what is called an interpleader, and the life insurance company will delay paying death benefits until a court resolves the beneficiary dispute.

The Life Insurance Beneficiary Designation Changed at the Last Minute

Are you suspicious of a last-minute beneficiary change from you to someone else? Perhaps you suspect that the insured changed the beneficiary designation under duress, or perhaps was not of sound mind when they made the change.

If you are the former named beneficiary, you have standing to file suit. Be advised that it is very difficult to prove that someone, perhaps a relative, romantic partner, or caregiver, pressured the insured to change the beneficiary designation to themselves. It is also difficult to prove that the insured lacked the capacity to make the change.

Call us for help if you suspect the insured changed beneficiary designation from you to someone else under duress or lacking the capacity to do so. We will assess your case free of charge.

The Life Insurance Beneficiary Designation Changed After the Death of the Insured

A life insurance beneficiary designation cannot be changed after the death of the insured, for any reason. Only the insured has the power to make changes to their life insurance policy.

If the date of the change in life insurance beneficiary designation is after the insured’s date of death, that change is fraudulent. If you are the formerly-named beneficiary, call our experienced life insurance fraud lawyers for help getting the death benefits the insured intended you receive.

The Life Insurance Beneficiary Designation Changed Contrary to Court Order

Many child support and spousal support obligors are under court order to name the obligees as beneficiaries to their life insurance policy. If the insured changed the beneficiary designation to someone other than the support obligees contrary to court order, the obligees have standing to file a beneficiary dispute.

State law varies as to how this change in beneficiary designation is treated, especially in community property states where the insured was married and changed the beneficiary designation to their spouse. Our life insurance lawyers have extensive experience unraveling the complex web of laws and regulations governing beneficiary designations in each state. Contact us for help – free of charge.

The Insured Had Group Life Insurance

Many states have revocation-upon-divorce statutes, which revoke an ex-spouse’s life insurance beneficiary designation automatically. However, if the insured had group life insurance, the beneficiary designation is controlled by a federal law called ERISA which overrides state law and an ex-spouse can remain the named life insurance beneficiary.

This gets even more complicated in community property states, where spouses and ex-spouses may be entitled to some or all of the death benefits in certain circumstances. Call us for help if you are a spouse or an ex-spouse grappling with this situation.

Call Boonswang Law for Help with Your Life Insurance Lawsuit

Whether you are a named beneficiary struggling to get your life insurance claim paid, or you are a former beneficiary and believe you should still receive the death benefits, we can help. We have helped life insurance beneficiaries nationwide get the death benefits they deserve. Call us at 1-855-898-4158 to discuss your case. Our goal is to get you paid!