Life Insurance Lawyer Texas: Fighting for Your Benefits
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Our Texas life insurance lawyers have decades of experience fighting for the rights of life insurance beneficiaries like you.
For decades, our team of skilled and knowledgeable Texas life insurance attorneys have helped families and partners receive the death benefits they are owed.
Our Texas life insurance attorneys have:
- Decades of experience
- Recovered over $200 million for our clients
- Litigated cases involving many insurance carriers
- Accolades from several publications
The purpose of a life insurance policy is to protect families and partners from financial hardship, ensure dependents do not suffer because of untimely death, and make it possible for co-owners of a business to continue operations after the loss of a business partner.
However, it’s common for life insurance companies to prevent these goals from happening by withholding life insurance claims and neglecting to make payments that are required under the policy. Such practices are wrong and illegal, and you need a Texas life insurance lawyer who can help.
Contact Boonswang Law Firm at (855) 865-4335 for a free legal consultation to discuss your claim.
Boonswang Law Has Helped Life Insurance Beneficiaries throughout Texas, Including these Cities and the Surrounding Areas:
- Houston
- San Antonio
- Dallas
- Austin
- Fort Worth
- El Paso
- Arlington
- Corpus Christi
- Plano
- Laredo
- Lubbock
- Irving
- Garland
- Amarillo
- Grand Prarie
Discuss Your Claim with a TX Life Insurance Lawyer Today - Free of Charge!
Common Reasons Life Insurance Companies Deny Claims in Texas
Insurance companies often use dishonest tactics to unfairly deny life insurance claims made by beneficiaries. Understanding these tactics is important to determine if you need legal help due to an unfairly denied life claim.
Here are the most common tactics that life insurance companies use to try to avoid paying out life insurance benefits:
Unpaid Premiums
Policyholders must pay a premium each month in order to maintain life insurance coverage. If, for any reason, the policyholder does not pay premiums, the 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 Texas.
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.
Policy Misinterpretation
Even though a policyholder pays monthly premiums for life insurance, their family or beneficiaries can be denied payment of life insurance if the insurer claims misrepresentation. An experienced life insurance lawyer in Texas will be able to recognize these false claims and will be able to fight for you.
An Exclusion Applies to the Cause of Death
All life insurance policies contain a list of exclusions — causes of death excluded from coverage. For instance, a person taking their own life is not typically covered by life insurance policies.
However, life insurance companies may sometimes misclassify a person’s death in order to deny the beneficiary death benefits and keep the policy’s money within the insurance company. 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 health and lifestyle habits — on their initial application for life insurance and medical questionnaire. This is 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 the 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.
Insurance Scams & Bad Faith: What to Watch Out For
Life insurance policies are an excellent way to support your loved ones even after you’re gone. However, though your intentions may be good, don’t assume that your life insurance company’s are.
These companies make money when insurance claims are denied or otherwise withheld, which means they sometimes act in bad faith to make a profit. Below are four of the main scams to watch out for when opening a life insurance policy.
Indexed Universal Life Insurance
Indexed universal life insurance (IUL) policies can be legitimate, but they can be hard for the layperson to understand. This means insurance companies often use them to confuse their policyholders into making poor decisions about their life insurance policies.
Typically, these scams begin with the insurance company offering a deal on an S&P or NASDAQ account, which they say will increase your savings. This is true, but profiting on either of these accounts takes many years and plenty of discretionary income. If you have a short life expectancy or little disposable income, it’s best to avoid these policies.
Churning Scams
Churning scams are intentionally complex and difficult to understand, which is what makes them so insidious. Life insurance companies will offer long-term policyholders a new policy with lower premiums, which is understandably attractive to the policyholder.
However, the fine print in these new policies often states that the old policy will be used as a loan against the new. Funds from the old policy are then “churned” into the new policy to cover the premiums. This process leaves both policies empty.
If your life insurance company has deceived you with a churning scam, our Texas legal team can help you build a case against them. Contact Boonswang Law today.
Insurance Bad Faith
Bad faith acts by insurance companies are all too common. In these cases, the insurance company knowingly issues a fraudulent denial to prevent the beneficiary from claiming death benefits. Examples include failure to pay the full policy amount, excessive delay of payments, and life insurance claim denials based on a small or nonexistent technicality.
If you suspect your life insurance company is acting in bad faith, our Texas life insurance lawyers can help.
The Life Insurance Claims Process in Texas
Understanding the life insurance claims process in Texas is essential for beneficiaries seeking to receive their rightful benefits. Here’s a step-by-step guide to help you understand the claims process:
- Notify the Insurance Company: Inform the insurance company of the policyholder’s death as soon as possible. You will need to provide a copy of the death certificate.
- Complete the Claim Form: Fill out the required claim forms accurately. Ensure all information matches the details on the policy.
- Submit Required Documents: Along with the claim form, you may need to provide additional documents such as the death certificate, policy document, and proof of identity.
- Insurance Company Review: The insurance company will review your claim and documents. This process can take several weeks.
- Claim Approval or Denial: If approved, the insurance company will pay the death benefit. If denied, you will receive a detailed explanation.
Our experienced Texas life insurance lawyers can assist you through each step to help ensure your claim is processed smoothly and fairly.
Beneficiary Disputes in Texas Life Insurance Claims
Beneficiary disputes can arise when multiple parties claim entitlement to the death benefit. Common life insurance beneficiary disputes include:
- Contested Beneficiary Designations: Challenges can occur if there’s suspicion that the policyholder was coerced into changing the beneficiary.
- Outdated Beneficiary Information: Disputes may arise if the beneficiary information wasn’t updated after significant life events like divorce or remarriage.
- Multiple Beneficiaries: Conflicts can occur if the policy names multiple beneficiaries with unclear or conflicting percentages of the benefit.
The Texas life insurance lawyers at Boonswang Law are skilled in resolving beneficiary disputes. We will work diligently to ensure you receive the benefits you deserve.
What You Can Expect When You Work With the Texas Life Insurance Lawyers at Boonswang Law
It is likely you have never worked with a life insurance lawyer before. We want to tell you upfront what you can expect from us. Instead of handling your claim on your own, allow the experienced Texas life insurance lawyers at Boonswang Law to provide you with the following:
- Review the life insurance policy to determine coverage and exclusions
- Review all correspondence from the life insurance company, including denial letters, to formulate the right response
- Thoroughly investigate reasons the life insurance company denied your claim
- Negotiate with the life insurance company’s team of lawyers
- Litigate your claim in court if the life insurance company still refuses to pay
Common Questions about Life Insurance Claims in Texas
I Think a Loved One May Have Had Life Insurance, How Do I Find Out?
Life insurance policyholders aren’t listed on any comprehensive list or database. If you think your loved one had a life insurance policy, you’ll have to do some sleuthing, such as:
- Contacting your loved one’s employer to determine whether they had group life insurance
- Investigate important documents, which may include life insurance information
- Check bank statements for regularly recurring payments—these may indicate a policy exists.
What is the Statute of Limitations for Contesting When My Life Insurance Claim Was Denied?
Life insurance policies established through an employer can be appealed within 60 days of your denial under federal ERISA law.
For individual policies, claim denial appeals should be filed as soon as possible. Having a life insurance attorney to help ensure your appeal is filed quickly and correctly can be invaluable under these circumstances.
Can I Still Receive Death Benefits if the Policy Lapsed?
Perhaps—there are many circumstances under which you may still be paid. We can evaluate your case to determine your chances of getting paid.
If the dates of the unpaid premiums are still within the policy’s grace period, you may still be able to receive death benefits. Additionally, lapses aren’t always the policyholder’s fault—if the insurance company neglected to give them a disability waiver, for example, you’ll still be entitled to compensation.
If you are a beneficiary of a lapsed life insurance policy, the Texas 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 TX?
In Texas, the policyholder is the only person legally authorized to change the beneficiary on their life insurance policy. In rare cases, someone with the power of attorney can change the beneficiary on the policyholder’s behalf.
Can the Life Insurance Beneficiary Designation Change After the Policyholder's Death?
Not under any circumstances. If there’s evidence that the beneficiary on your loved one’s life insurance was changed after their death, the changes are void. Contact our Texas life insurance lawyers for assistance.
What if a Minor is the Designated Life Insurance Beneficiary?
In most places in the United States, including Texas, minors can’t directly receive life insurance compensation. Minors who are the beneficiary of a life insurance policy are assigned custodians to manage the benefits. However, the custodian can use the benefits however they like and may abuse that privilege.
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?
Life insurance policies allow the policyholder to name a secondary or contingent beneficiary in case the primary beneficiary predeceases them. However, if the policyholder neglects to designate a secondary or contingent beneficiary, the claim should pay out to the estate.
I am the Only Named Beneficiary, am I Allowed to Share the Death Benefits with My Siblings?
Yes! Policyholders often only list one of their children as the beneficiary on their life insurance policy. The idea is that the beneficiary will share the compensation with their siblings.
You will not be able to add your siblings to the policy after the policyholder’s death, but it’s perfectly legal for you to share the death benefits with them once you’ve received the funds.
The Beneficiary Designation Changed Just Before the Policyholder’s Death From Me to Someone Else, What Can I Do?
Provided they’re of sound mind, and the change is not coerced, life insurance policyholders may change their beneficiary at any time before their death.
If changes were made to your loved one’s policy and you suspect they were made by someone else when your loved one was under duress or when they were in an altered state, you can — and should — contest the change. It’s well known these cases are difficult to prove, so having a knowledgeable Texas life insurance attorney on your side is essential.
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. Our TX life insurance lawyers can help you understand what the policyholder’s spouse or former spouse is entitled to.
Call Boonswang Law Today and Discuss Your Claim with a Life Insurance Lawyer in Texas
When a loved one passes away, you have enough to deal with besides figuring out how to file a life insurance claim or contest a denied life insurance claim.
The Texas life insurance lawyers at Boonswang Law can help you navigate your claim, appeal denials, and communicate with the insurance company. Put our decades of experience to work for you and free your mind of this burden.
Contact us at (855) 865-4335 to schedule your free, no-obligation consultation.
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
