Life Insurance Lawyer Serving Kansas, Fighting Denied Claims
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Our Kansas life insurance lawyers have decades of experience fighting for the rights of life insurance beneficiaries like you.
Life insurance policies are purchased to ensure that in the event of a person’s death, their loved ones are financially secure. It should be a simple and straightforward process: when the policyholder dies, the beneficiary or beneficiaries should receive the death benefits outlined in the policy.
Unfortunately, many beneficiaries find the claims process confusing and complicated. In some cases, you may even file a claim only to be faced with an insurance dispute or denial.
If you are in need of a life insurance lawyer serving Kansas, Boonswang Law has helped countless beneficiaries receive the payout they deserve.
Call us today at (855) 865-4335 for a free legal consultation to discuss your claim.
Boonswang Law Has Helped Life Insurance Beneficiaries throughout Kansas, Including these Cities and the Surrounding Areas:
- Wichita
- Overland Park
- Kansas City
- Olathe
- Topeka
- Lawrence
- Shawnee
- Lenexa
- Manhattan
- Salina
- Hutchinson
- Leavenworth
- Leawood
- Dodge City
- Garden City
Get A Free Consultation When You Talk With One of Our KS Life Insurance Lawyers
Common Reasons Life Insurance Companies Deny Claims in Kansas
There are four main reasons why insurance companies may deny claims for death benefits in Kansas. If your claim was denied for any reason, Boonswang Law can help you fight back.
Unpaid Premiums
To maintain life insurance coverage, the policyholder must make monthly payments on their premiums. If the policyholder falls behind on their payments, their coverage will lapse and the life insurance company will deny the beneficiaries’ subsequent claims.
In many cases, our lawyers can get a claim on a lapsed policy paid. Termination of life insurance coverage is highly regulated in Kansas and the Employee Retirement Income Security Act (ERISA) regulates insurance offered through an employer.
If the 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 payments were not made on the premiums. In cases such as these, we can often get our beneficiary clients paid.
Call Boonswang Law Today and Discuss Your Claim with a Life Insurance Lawyer in Kansas
You’ve just lost someone and the last thing you need is the added stress of navigating a life insurance claim.
The Kansas life insurance lawyers at Boonswang Law are here to help you during this difficult time, from contesting a denied claim to ensuring that you receive all of the benefits you are entitled to.
Call Boonswang Law today at (855) 865-4335 to schedule your free, no-obligation legal consultation.
Policy Misinterpretation
The interests of life insurance companies often conflict with the beneficiaries and policyholders, because the only way that they are able to profit is when they collect premiums but deny claims for death benefits. Unfortunately, there are life insurance companies that will act in bad faith and purposely misinterpret the terms of a policy in an attempt to deny a valid claim.
If you believe that your insurance company is misinterpreting the terms of your policy, call the KS lawyers at Boonswang Law. We have frequently solved insurance disputes and gotten our clients paid after their claim was denied for this reason.
Cause of Death Exclusions
Life insurance companies will list certain causes of death as being excluded from coverage. For example, suicide or death from self-inflicted injuries will likely not be covered by an insurance policy.
However, there are cases in which life insurance companies will wrongfully classify someone’s death as self-inflicted in order to deny their claim. Our lawyers will investigate the cause of death and get our beneficiary clients paid if we find that the policyholder’s death was not self-inflicted.
Retroactive Cancellation
When applying for life insurance, the policyholder needs to disclose personal information, including their current health status, medical conditions, and lifestyle habits. This allows insurance adjusters to calculate the chance that the policyholder will die within the policy term, and increase premium payments as needed.
If a policyholder dies within the policy term, the life insurance company may look for any mistakes or omitted personal information that may have led to the policyholder paying lower premiums. If discrepancies are found, the insurance company may retroactively cancel the policy after the death and deny the beneficiaries’ claims.
If your family member’s policy was retroactively canceled, contact Boonswang Law today. We have decades of experience dealing with these types of cases and will do everything in our power to ensure that you receive the payout you deserve.
Insurance Scams & Bad Faith: What to Watch Out For
In the realm of life insurance, policyholders and beneficiaries in Kansas need to be vigilant. There are instances where insurance providers might not act in the best interest of their clients. Here are a few things to watch out for:
Indexed Universal Life Insurance
Indexed Universal Life Insurance is a complex type of policy that ties your cash value to a market index, like the S&P 500. While it might be appealing due to potential market gains, it also has its risks.
Insurance providers may not be clear about the associated costs, market risks, or the possibility of earning zero interest in a given year. It’s crucial to fully understand the terms and conditions before opting for this type of policy.
Churning Scams
Churning is an unscrupulous practice where agents or brokers encourage policyholders to change policies frequently to generate commissions. They may mislead customers about the benefits of switching to a new policy, hiding the potential disadvantages, such as higher premiums or new contestability periods.
Always be wary if you’re frequently advised to change your life insurance policy without a clear and substantial benefit.
Insurance Bad Faith
Insurance bad faith refers to insurance companies failing to fulfill their obligations to their policyholders, whether by denying a valid claim, delaying payments, or using deceptive practices.
In Kansas, if you believe your claim has been unjustly handled, you have the right to sue for bad faith. At Boonswang Law, we specialize in identifying and challenging cases of insurance bad faith to ensure you receive the benefits you’re entitled to.
What You Can Expect When You Work With the KS Life Insurance Lawyers at Boonswang Law
Rather than attempting to navigate insurance claims on your own, let the trusted KS lawyers at Boonswang Law advocate and fight for your beneficiary rights. When you work with our attorneys, you can expect the following benefits, among others:
- We will review the insurance policy to ascertain coverage and exclusions
- We will review any correspondence you’ve received from the life insurance company, including a denial letter
- We will thoroughly investigate any allegations made by the insurance company in denying your claim
- We will negotiate 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
How Do I Find Out if My Loved One Had Life Insurance?
Unfortunately, there is no national database of policyholders, so you may have to do some investigating to learn if your loved one had life insurance. Contact the policyholder’s employer to ask if they offered group coverage as part of their benefits package.
You can also look through their documents for life insurance paperwork, or review bank statements to find evidence of paid premiums.
What is the Statute of Limitations for Contesting When My Life Insurance Claim Was Denied?
If the policyholder had group life insurance through their employer, you will have sixty (60) days under federal ERISA law to contest a denied claim.
If the policy is individual, it is crucial that you file a claim denial dispute as soon as possible to have the best chance of finding and preserving evidence supporting payment of your claim. Having a life insurance attorney 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?
We have gotten clients paid on lapsed policies under a wide variety of circumstances, but the answer to this will depend on your unique case.
Life insurance policies typically have a grace period for unpaid premiums, so you may still be able to receive death benefits in the event of a missed payment. In cases where the lapse was not the fault of the policyholder, such as when the policyholder should have gotten a disability waiver of premium and did not, we have been able to get our clients paid.
Who is Authorized to Change a Life Insurance Beneficiary Designation in KS?
In the state of Kansas, only the policyholder can change the beneficiary designation on their policy. There have been instances where a person with power of attorney over the policyholder can make legal and binding beneficiary designation changes, but these cases are uncommon.
Can the Life Insurance Beneficiary Designation Change After the Policyholder's Death?
No. If you receive paperwork showing that the beneficiary changed after the policyholder’s death, it is most likely fraudulent. Contact the attorneys at Boonswang Law immediately for help.
What if a Minor is the Designated Life Insurance Beneficiary?
A minor cannot be the direct recipient of death benefits in Kansas. If the beneficiary is still a minor when the policyholder dies, the court will likely choose a custodian to oversee the death benefits. Unfortunately, it can be difficult to prevent the custodian from using the minor beneficiary’s payout for their own purposes.
A life insurance policyholder should consider setting up a trust if their desired beneficiary is a minor. This way, the policyholder can appoint a relative or friend to administer the trust and act as the minor’s fiduciary. We recommend hiring an estate planning attorney to help you understand the legalities of establishing a trust.
What Happens If the Beneficiary Predeceases the Policyholder?
A minor cannot be the direct recipient of death benefits in Kansas. If the beneficiary is still a minor when the policyholder dies, the court will likely choose a custodian to oversee the death benefits. Unfortunately, it can be difficult to prevent the custodian from using the minor beneficiary’s payout for their own purposes.
A life insurance policyholder should consider setting up a trust if their desired beneficiary is a minor. This way, the policyholder can appoint a relative or friend to administer the trust and act as the minor’s fiduciary. We recommend hiring an estate planning attorney to help you understand the legalities of establishing a trust.
I am the Only Named Beneficiary, am I Allowed to Share the Death Benefits with My Siblings?
Yes! It is not uncommon for policyholders to list one of their children as a beneficiary on their life insurance policy, with the expectation that they will share the payout with their siblings.
If you are the sole beneficiary, you cannot retroactively add your siblings to the policy. However, there’s nothing stopping you from sharing the death benefits with them once you receive them.
The Beneficiary Designation Changed Just Before the Policyholder’s Death From Me to Someone Else, What Can I Do?
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 that the designation was made fraudulently or that the policyholder changed the beneficiary under duress, you may be able to contest it.
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?
Confusion may arise following the death of a divorced or remarried policyholder, and the process varies from state to state. The KS lawyers at Boonswang Law can explain what you’re entitled to as a spouse or former spouse, even if there is not a court order governing the beneficiary designation.
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
