Life Insurance Lawyer Serving Kansas
The Life Insurance Law Firm – Boonswang Law
Choose the Team of Kansas Life Insurance Lawyers at Boonswang Law
Discuss Your Claim with a KS Life Insurance Lawyer Today – Free of Charge!
Our Kansas life insurance lawyers have decades of experience fighting for the rights of life insurance beneficiaries like you.
You probably know why people buy life insurance – to ensure that their loved ones are financially secure in the event of their death. It should work like this – the policyholder dies, and the beneficiary or beneficiaries receive a death benefit in the face amount of the policy purchased.
Unfortunately, it rarely is that simple. Many beneficiaries find the claims process confusing, or even worse, figure out how to file their claim only to learn later that the life insurance company denied it.
For decades, Boonswang Law’s experienced Kansas life insurance lawyers have been helping life insurance beneficiaries get the payout their loved one intended. Call us to discuss your life insurance claim.
Boonswang Law Has Helped Life Insurance Beneficiaries throughout Kansas, Including these Cities and the Surrounding Areas:
Common Reasons Life Insurance Companies Deny Claims in Kansas
These are the four top reasons life insurance companies deny claims for death benefits in Kansas. If your claim was denied for one of these reasons or for some other reason, call us – we can help you fight back.
Policyholders must pay a premium each month in order to maintain life insurance coverage. If for any reason the policyholder does not pay premiums, life insurance coverage will lapse and the life insurance company will deny beneficiaries’ subsequent claims.
You might think that policy lapse is the end of the story for beneficiaries, but in many cases we can get a claim on a lapsed policy paid. Termination of life insurance coverage is highly regulated in Kansas. Federal ERISA law regulates insurance offered through a policyholder’s employer. If the life insurance company or the employer administering the policy failed to adhere to the applicable regulations, it may not be the fault of the policyholder that premium payments were not made. In these cases we can often get our beneficiary clients paid.
Life insurance companies’ interests are at conflict with yours and with the policyholders, because they only make profits for their shareholders when they collect premiums but deny claims for death benefits. Unfortunately, there are life insurance companies that will purposely misinterpret a policy’s terms and provisions in an attempt to deny a valid beneficiary claim.
If you think this is happening to you, call us – the KS life insurance attorneys at Boonswang Law will fight back. We have frequently gotten our beneficiary clients paid after their claim was initially denied for this reason.
An Exclusion Applies to the Cause of Death
All life insurance policies expressly list causes of death excluded from coverage called “exclusions.”
For example, death from as a result of self-inflicted injuries is frequently excluded from coverage. However, we have found that life insurance companies will attempt to wrongfully classify someone’s death so that they can deny the beneficiary’s claim. In these cases, we thoroughly investigate the cause of death and if we can prove the death was not self-inflicted, we can get our beneficiary clients paid.
Alleged Misrepresentation and Retroactive Cancellation
A policyholder must disclose all personal information, including personal information as well as health and lifestyle habits, on their initial application for life insurance and medical questionnaire so that life insurance adjusters can calculate the risk to them that the policyholder will die within the policy term. The amount of premiums the policyholder must pay to maintain coverage is based on that risk. Those at greater risk of dying within the policy’s term pay higher premiums for coverage than those at less risk.
If a policyholder makes a mistake or omits information and then dies within the policy term, the life insurance company will retroactively cancel the policy, claiming that the policyholder misrepresented themselves to get a lower premium payment. The life insurance company will then deny beneficiaries’ claims.
Boonswang Law has decades of experience with types of cases and can help you if the life insurance company denies your claim for this reason. Call us for your free consultation.
What You Can Expect When You Work With the KS Life Insurance Lawyers at Boonswang Law
It is likely you have never worked with a life insurance lawyer before. We want to tell you up front what you can expect from us. Rather than struggle to handle your claim on your own, you experience these benefits, among others, when you work with the experienced KS life insurance lawyers at Boonswang Law:
- We will review the life insurance policy and ascertain coverage and exclusions
- We will review all correspondence you have received from the life insurance company, including denial letters
- We will thoroughly investigate the allegations made by the life insurance company in denying your claim
- We will negotiate for your payout with the life insurance company’s team of lawyers
- We will litigate your claim in court if the life insurance company won’t pay
Common Questions about Life Insurance Claims in Kansas
I Think a Loved One May Have Had Life Insurance, How Do I Find Out?
There is no national list or database of all life insurance policyholders, so you will have to do some investigation on your own. Try contacting the policyholder’s employer to ask if they offered group life insurance coverage as a benefit of working there. Also, look through old documents in search of life insurance paperwork and review bank statements to locate evidence of paid insurance premiums.
What is the Statute of Limitations for Contesting When My Life Insurance Claim Was Denied?
If the policy in question is group life insurance through an employer, you have sixty days under federal ERISA law.
If the policy is an individual policy, it is prudent to file your claim denial dispute as soon as possible after getting the denial letter in order to have the best chance of finding and preserving evidence supporting payment of your life insurance claim. Having a life insurance lawyer handle your dispute is highly recommended so you can feel confident that everything is being done correctly.
Can I Still Receive Death Benefits if the Policy Lapsed?
Perhaps. It depends on the facts of your case, but we have gotten clients paid on lapsed policies under a wide variety of circumstances.
First, know that life insurance policies usually have a grace period for unpaid premiums, so you may still be able to receive death benefits even if the policyholder missed a payment. Also, in cases where the lapse was not the fault of the policyholder, we have been able to get our beneficiary clients paid, such as when the policyholder should have gotten disability waiver of premium and did not.
If you are a beneficiary of a lapsed life insurance policy, the KS life insurance lawyers at Boonswang Law can help you understand what your rights are. Call us.
Who is Authorized to Change a Life Insurance Beneficiary Designation in KS?
In Kansas, only the policyholder can change the beneficiary designation on their life insurance policy. There have been cases where a person who has power of attorney over the policyholder made legal and binding beneficiary designation changes, however, these are not common.
Can the Life Insurance Beneficiary Designation Change After the Policyholder's Death?
Not under any circumstances. If you receive paperwork showing that the beneficiary changed after the policyholder’s death, it is most likely fraudulent. Contact us immediately for help.
What if a Minor is the Designated Life Insurance Beneficiary?
In Kansas, a minor cannot be the direct recipient of life insurance death benefits. If the beneficiary is still a minor when the policyholder dies, a court will likely choose a custodian to oversee the minor beneficiary’s death benefits. Unfortunately, nothing can really be done to stop the custodian from using the minor’s payout for their own purposes.
If a life insurance policyholder wants a minor to receive the death benefit, they should consider setting up a trust that designates the minor as the beneficiary of the trust. That way the policyholder can appoint a trusted friend or family member to administer the trust and act as the minor’s fiduciary.
If you are a life insurance policyholder wanting to set up a life insurance trust for a minor, we recommend hiring an estate planning attorney to help you understand the legalities.
What Happens If the Beneficiary Predeceases the Policyholder?
If the primary beneficiary dies before the policyholder, the death benefits may pay to the secondary or contingent beneficiary. If the policyholder did not designate a secondary or contingent beneficiary, the benefits may pay to the policyholder’s estate.
I am the Only Named Beneficiary, am I Allowed to Share the Death Benefits with My Siblings?
Yes! It is surprisingly common for policyholders to list only one of their children as a beneficiary on their life insurance policy with the expectation that they will share the payout with their siblings.
You will not be able to add your siblings to the policy after the policyholder’s death, but there’s nothing stopping you from sharing the death benefits with them once they pay out.
The Beneficiary Designation Changed Just Before the Policyholder’s Death From Me to Someone Else, What Can I Do?
First, know that life insurance policyholders can change the beneficiary designation at any time during the policy term, as long as they are of sound mind and not under duress when they make the change.
However, if you suspect this change was made fraudulently by someone other than the policyholder, or that the policyholder changed the beneficiary designation under duress, you can contest the beneficiary designation. These cases are notoriously difficult to prove, so contact an experienced KS life insurance attorney for help.
When Should a Spouse Contest a Life Insurance Beneficiary Designation?
For divorced or remarried policyholders, confusion may arise over who gets what. State law governs these situations and the process varies from state-to-state. A KS life insurance lawyer can explain what you’re entitled to as the policyholder’s spouse or former spouse, even if there is no court order governing the beneficiary designation.
Call Boonswang Law Today and Discuss Your Claim with a Life Insurance Lawyer in Kansas
You’ve just lost someone, and you have enough to deal with besides figuring out how to file a life insurance claim or contest a denied life insurance claim.
The Kansas life insurance lawyers at Boonswang Law are here to help you during this difficult time. Put our decades of experience to work for you and free your mind of this burden. Call us today at (855) 865-4335 to schedule your free, no-obligation consultation.