Life Insurance Lawyer Serving Hawaii, Fighting Denied Claims
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Someone purchases a life insurance policy to ensure the financial well-being of loved ones. They pay premiums to maintain coverage until the policy term ends or they die. If they die within the coverage term, the named beneficiaries receive the death benefit.
Unfortunately, the process is rarely that simple. Although life insurance beneficiaries should automatically receive their payout when the policyholder dies, life insurance companies frequently unfairly and incorrectly deny or delay payment on life insurance claims.
If you believe your life insurance claim was wrongly denied or delayed, the HI life insurance lawyers at Boonswang Law can help you.
We Have Helped Hawaii Life Insurance Beneficiaries From These Cities and the Surrounding Areas:
- Honolulu
- Pearl City
- Hilo
- Waipahu
- Kailua
- Kaneohe
- Mililani
- Ewa Gentry
- Kihei
- Kapolei
- Makakilo
- Schofield Barracks
- Wailuku
- Wahiawa
- Kailua
Choose Boonswang Law’s Hawaii Life Insurance Lawyers
Reasons Hawaii Life Insurance Claims Get Denied
Cause of Death is Excluded from Coverage
“Exclusions” are the causes of death excluded from coverage under a life insurance policy. The exact list of exclusions varies between life insurance companies and even between individual policies. Death from self inflicted injuries and death from acts of war or terrorism are common exclusions.
The life insurance company may allege that an exclusion applies to the policyholder’s death. In these cases, we investigate and are often able to show that the exclusion does not apply, and our clients get paid.
Talk With a Hawaii Life Insurance Lawyer at Boonswang Law
Our experienced life insurance attorneys have been helping life insurance beneficiaries throughout Hawaii for decades. Our goal is to get you and your family the death benefits your loved one intended you receive.
Don’t let the insurance company take advantage of you! They have a team of lawyers on their side – you need a team of lawyers on your side too, and we are ready to fight for you. Your initial no-obligation consultation is free of charge. Contact us to discuss your claim.
Policy Interpretation Issues
Unfortunately for life insurance beneficiaries, it is very common for life insurance companies to interpret the terms of the policy in such a way as to deny their claims for death benefits. Remember, life insurance companies only make money for their shareholders when they collect premiums but deny death benefit claims, so they have little incentive to pay you!
Unpaid Premiums Caused Policy Lapse
If life insurance premiums are not paid for any reason, the policy will lapse, terminate, and life insurance coverage ends. The life insurance company will then deny beneficiaries’ subsequent claims for death benefits.
This is not the final word, however. Terminating life insurance coverage is highly regulated in every state. Frequently life insurance companies and employers who provide group life insurance coverage to their employees fail to follow those regulations, resulting in nonpayment of premiums that is not the fault of the policyholder.
We thoroughly investigate cases of lapse, and when we discover that the lapse was not the fault of the policyholder, we have been able to get our beneficiary clients paid.
Retroactive Policy Cancellation
Life insurance companies use the information a policyholder provides in their initial application for coverage and medical questionnaire to determine the risk that the policyholder will die within the policy term. Those at greater risk of dying within the policy term pay higher premiums than those at less risk.
If a policyholder makes an innocent mistake on either of these documents and dies within the policy term, the life insurance company will likely allege that the policyholder misrepresented themselves in order to get a lower premium payment. The life insurance company then uses that as an excuse to retroactively cancel the policy and deny beneficiaries’ claims.
We are often able to get our beneficiary clients paid when the life insurance company alleges misrepresentation. Call us to discuss your claim.
What to Expect When You Work With the Hawaii Life Insurance Lawyers at Boonswang Law
You can rely on our team of experienced HI life insurance lawyers to:
- Carefully review the terms of the life insurance policy to determine coverage and exclusions, and explain any problems in coverage to you
- Correspond with the life insurance company to identify the reason or reasons for delay or denial of your claim for death benefits
- Negotiate with the life insurance company to get you your death benefits
- Thoroughly investigate claims and allegations made by the life insurance company in denying your claim
- When necessary, litigate your claim against the life insurance company in court
Life insurance companies seek to make a profit just like any other type of business. The more in premium payments a life insurance company collects and the fewer death benefit claims they pay out., the more money they make for their shareholders. In other words, the interests of the life insurance company are directly at odds with the interests of their policyholders and their policyholders’ beneficiaries.
The HI life insurance lawyers at Boonswang Law Firm will fight to get you the death benefits your loved one intended you receive.
Common Life Insurance Questions in Hawaii
What Should I Do If the Life Insurance Company Denied My Claim?
You should contest it. Life insurance companies frequently deny valid claims for death benefits. Call us for help – we only take cases on a contingency basis so there is no up front cost to you.
How Much Time Do I Have to Dispute a Life Insurance Claim Denial?
You have 60 days to contest a life insurance claim denial if the policy is an employer-sponsored group life insurance policy. For all other life insurance, there is no time limit. However, the sooner you dispute a denied life insurance claim the better because we will have a better chance of collecting evidence that your claim should be paid.
Who is Authorized to Change a Beneficiary Designation on a Life Insurance Policy in Hawaii?
Only the policyholder, but in some cases, someone with power of attorney. If someone else changed the beneficiary designation, that is fraud. Contact our life insurance lawyers immediately.
What Happens if a Life Insurance Beneficiary Predeceases the Policyholder?
If the primary beneficiary dies before the policyholder and the policyholder did not update their beneficiary designation accordingly, the life insurance company will pay the death benefit to the secondary beneficiary or the contingent beneficiary.
If the policyholder did not designate secondary or contingent beneficiaries, the death benefit can pay out to the policyholder’s estate. Unfortunately, this means the death benefits are subject to the claims of the policyholder’s creditors.
What if there is No Beneficiary on a Life Insurance Policy?
As when the named beneficiary has predeceased the policyholder and there are no contingent or secondary beneficiaries, the life insurance company pays out to the policyholder’s estate.
How Can I Find Out If My Loved One Had A Life Insurance Policy?
There is no national database or list of life insurance policyholders, so you will have to investigate yourself. Consider searching the contents of your loved one’s safe-deposit box and desk drawers, and looking through your loved one’s recent mail for premium notices and through bank account statements for evidence of premium payments.
Am I Allowed to Share the Death Benefits with My Siblings?
Yes! You can share life insurance proceeds with anyone you choose. It is common for a policyholder to name one child as a beneficiary and for that child to share with siblings.
Can I Still Receive Death Benefits On a Lapsed Life Insurance Policy?
It is possible to still get a payout if the lapse in coverage was not the policyholder’s fault. For example, if an employer failed to give the policyholder conversion papers or improperly administered the policy, the beneficiary may still get paid. If the life insurance company failed to send the policyholder the legally-required notices of lapse, the beneficiary may still get paid. If the policyholder was eligible for disability waiver of premium and did not get it, the beneficiary may still get paid.
Not under any circumstances. A beneficiary change after the date of the policyholder’s death is fraudulent. Contact an experienced life insurance attorney immediately for help.
It is possible to still get a payout if the lapse in coverage was not the policyholder’s fault. For example, if an employer failed to give the policyholder conversion papers or improperly administered the policy, the beneficiary may still get paid. If the life insurance company failed to send the policyholder the legally-required notices of lapse, the beneficiary may still get paid. If the policyholder was eligible for disability waiver of premium and did not get it, the beneficiary may still get paid.
Can I Contest Death Benefits if the Beneficiary Changed Recently?
First, know that a policyholder can change their beneficiary designation(s) at any to whomever they choose, as long as they are of sound mind. However, a beneficiary change can and should be contested if you suspect the change was made fraudulently or under duress. This type of case is very difficult to prove, so be sure to contact an experienced life insurance beneficiary attorney for help.
When Can a Spouse Contest a Life Insurance Policy?
If a spouse or ex-spouse was supposed to be the beneficiary for any reason and someone else was named, or if the beneficiary changed to someone else under duress or fraudulently, you should contest the beneficiary designation. We can help you.
Life Insurance Attorneys Serving These States*
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Mississippi
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- US Virgin Islands
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming