Life Insurance Lawyer Serving South Dakota
The Life Insurance Law Firm – Boonswang Law
Trust Our Decades of Experience as South Dakota Life Insurance Lawyers
Discuss Your Case with an Experienced SD Life Insurance Lawyer – Free of Charge!
Our life insurance lawyers serving SD have helped life insurance beneficiaries throughout the country get their life insurance payout.
You know how life insurance should work. Someone purchases life insurance coverage to ensure the financial well-being of dependents or other loved ones if they should die. The policyholder then pays premiums to maintain coverage until the policy term ends or they die. If the policyholder dies within the coverage term, their designated beneficiaries receive a death benefit in the face amount of the policy.
Unfortunately for both policyholders and their beneficiaries, the process is not that simple. Like any other business, life insurance companies exist to make a profit. They only make that profit when they deny or delay paying claims for death benefits.
The SD life insurance lawyers at Boonswang Law can help you if you believe your claim for death benefits is being unfairly delayed or denied. Call us today for your free, no-obligation consultation. We work on a contingency basis only, meaning, there is no up-front cost to you for our help.
Boonswang Law Has Helped Life Insurance Beneficiaries Throughout South Dakota:
Common Reasons Life Insurance Companies Deny Claims in SD
Misinterpretation of the Policy Terms
Because they only make money when they deny claims for death benefits, life insurance companies will frequently interpret the terms of the policy in such a way as to deny beneficiaries’ claims.
Call us – we can help you interpret the policy and determine whether you should get your payout, and we will fight back!
Premiums Were Not Paid
A life insurance policyholder must pay premiums as they come due if they wish to maintain coverage. If the policyholder fails to pay premiums, the policy lapses, terminates, and coverage ends. If you are a beneficiary of a lapsed policy, you might think that at that point you are just out of luck. To the contrary, there are many instances when a life insurance beneficiary can get a payout on a lapsed policy.
Terminating life insurance coverage is highly regulated under state and federal law, and frequently, life insurance companies and employers who provide group life insurance coverage for their employees fail to follow those regulations, resulting in nonpayment of premiums that is not the fault of the policyholder.
Call us if your life insurance claim was denied due to lapse in coverage. We investigate thoroughly, and if the lapse was not the fault of the policyholder, we have been able to get our beneficiary clients paid.
Death Due to Self Inflicted Injuries or Other Exclusion
All life insurance policies list causes of death that are “excluded” from coverage, and they vary from policy to policy and company to company. Death from self-inflicted injuries is a common life insurance exclusion.
Because other causes of death often look like suicide, we investigate and maybe able to show that the exclusion does not apply. In these cases, our clients get paid.
Retroactive Cancellation of Coverage
Life insurance companies use the information the policyholder provides on their application and medical questionnaire to determine the risk that the policyholder will die within the policy term. Those at greater risk pay higher premiums than others at lower risk.
If the policyholder made a mistake on their application or medical questionnaire, that will prompt the life insurance company to allege that the policyholder misrepresented themselves in order to get a lower premium payment. The life insurance company then uses that alleged misrepresentation as an excuse to retroactively cancel the policy and deny beneficiaries’ claims.
We have been able to get our beneficiary clients paid when the alleged misrepresentation was an innocent mistake or had nothing to do with the cause of death. Call us if your claim was denied due to alleged misrepresentation.
Trust Your Life Insurance Claim with the SD Life Insurance Lawyers at Boonswang Law
We know you have probably never had reason to work with a life insurance lawyer. Know that when you choose to work with Boonswang Law, you can rely on our team of experienced SD life insurance lawyers to:
- Examine the life insurance policy, assess coverage and exclusions, and explain any problems to you
- Review all correspondence from the life insurance company and 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 payout
- Investigate the life insurance company’s reason for denying your claim
- Litigate your claim against the life insurance company in court when they refuse to issue your payout or settle with you
You should know that the interests of the life insurance company are at odds with your interests. Life insurance companies are just like any other business – they are always looking to improve their profit margin. 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.
The SD life insurance lawyers at Boonswang Law fight the life insurance company lawyers to get you the life insurance payout you deserve.
Frequent SD Life Insurance Questions
How Can I Find Out if Someone Had A Life Insurance Policy?
Because there is no database of all persons holding life insurance, you will have to investigate on your own.
You might consider searching the contents of your loved one’s safe-deposit box and desk drawers. Try looking through your loved one’s recent mail for premium notices and through bank account statements for evidence of premium payments. You might also ask the deceased’s employer whether they had group life insurance through work.
My Life Insurance Claim Was Denied, How Much Time Do I Have to Dispute it?
The statute of limitations to dispute life insurance claim denials is 60 days if the policy was 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 pay.
Is it Possible to Get a Payout from a Lapsed Life Insurance Policy?
It is possible to still get a payout from a lapsed policy if the lapse was not the fault of the policyholder.
For example, if the life insurance company failed to send the policyholder the legally-required notices of lapse, you may still get paid. If the policyholder was eligible for disability waiver of premium and did not get it, you may still get paid. If an employer failed to give the policyholder conversion papers or improperly administered the policy, you may still get paid.
Who Can Change a Life Insurance Beneficiary Designation in SD?
Only the policyholder can change their beneficiary designation. If the beneficiary designation was changed by someone else, that is fraud. Contact our life insurance lawyers immediately.
What Happens if a Life Insurance Beneficiary Dies Before the Policyholder?
If the primary beneficiary dies before the policyholder and the policyholder fails to 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 makes insurance proceeds subject to the policyholder’s creditors. A policyholder can avoid this by making sure their beneficiary designation is up-to-date and that they designate secondary or contingent beneficiaries in addition to the primary beneficiary.
What if a Life Insurance Policy Has No Beneficiary?
Just like when the beneficiary has predeceased the policyholder and there are no contingent or secondary beneficiaries, the life insurance company will pay out to the policyholder’s estate.
A Beneficiary Designation Changed from Me to Someone Just Before Death, What Should I Do?
First, know that a policyholder can change their beneficiary designation at any time as long as they are of sound mind. However, you can and should contest a beneficiary designation change if it happened just before the death of the policyholder and if you suspect the change was fraudulent 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.
Can a Life Insurance Beneficiary Designation Change After the Policyholder Dies?
Never. A beneficiary change after the date of the policyholder’s death is fraudulent. Contact an experienced life insurance beneficiary attorney immediately.
When Should a Spouse Contest a Life Insurance Beneficiary Designation?
If a spouse or ex-spouse was the irrevocable beneficiary or should have been designated the beneficiary pursuant to court order, they should contest the beneficiary designation.
Am I Allowed to Share Life Insurance Benefits with My Siblings?
Yes! There is no law preventing you from sharing the life insurance death benefits with whomever you wish. It is common for a policyholder to name one child as a beneficiary and for that child to share with siblings.
Talk with the SD Life Insurance Lawyers at Boonswang Law Today
Our experienced SD life insurance attorneys have been helping life insurance beneficiaries throughout South Dakota for decades, and we can help you too. Our goal is to get you and your family the death benefits your loved one intended you receive.
The life insurance company has a team of lawyers on their side, working to figure out a way to avoid paying you. You need a team of lawyers on your side too! We are ready to fight for you. Your initial no-obligation consultation is free of charge. Contact us to discuss your life insurance claim.