Life Insurance Claims Lawyer

Life Insurance can help ease financial burdens when a loved one passes. Grieving the loss is of course immensely difficult, but sometimes insurance companies add insult to injury by denying valid life insurance claims. A life insurance lawyer can help you secure the money you and other beneficiaries are entitled to.

Michael Jordan - Long Term Disability Lawyer in Ontario

Why Are Life Insurance Claims Denied?

Life Insurance is a special type of contract between the policy holder and the insurance company. Premiums are paid to the insurer in exchange for a promise to pay a specified sum to the beneficiaries upon death of the insured person. Both parties to the contact owe the other a duty of good faith. The person taking out the insurance must be open, honest, and candid when completing the application, and the insurance company must pay legitimate claims.

Common reasons life insurance claims are denied include: 

Michael Jordan - Long Term Disability Lawyer in Ontario

 

  • Failing to disclose health information on the application
  • Policy lapse due to non-payment of premiums
  • Death occurring after term coverage ends
  • Suicide within two years
  • Death while engaged in a criminal activity
  • Failing to disclose risky hobbies, such as skydiving or illicit drug use
  • Other exclusions or limitations contained in the life insurance policy

 

Can You Dispute A Life Insurance Denial?

Yes! The law regarding life insurance is complex, and insurance companies do not always get it right. For example, death by suicide, innocently failing to disclose material information, and negligent misrepresentation are generally not valid reasons to deny the claim if more than two years have passed since the insurance policy was issued.

There are sometimes other legal avenues to pursue. Individual life insurance policies are typically obtained through an insurance agent or broker. Sometimes the insurance company properly denies the claim, but the agent or broker made mistakes that caused the denial. If those mistakes amount to negligence, the agent or broker’s insurer may be required to pay what would otherwise by payable by the life insurer.

Some examples of situations where you can challenge a denied life insurance claim include:

 

  • The application for life insurance contains some inaccurate information, but the policy was issued more than two years before death
  • The inaccurate information was not material to whether the insurance company would have issued the claim, or the same premium would have been charged with accurate information
  • Death by suicide more than two years after the claim was issued
  • For accidental death life insurance, a dispute regarding whether the cause of death was accidental
  • The policy was improperly terminated
  • The insurance company is relying on an exclusion that is ambiguous, or otherwise does not apply
  • An agent or broker failed to meet the standard of care when completing the application, when submitting a claim, or when the policy was cancelled

 

What Are My Rights When Life Insurance Is Denied?

You have important legal rights when an insurance company refuses to pay out a life insurance claim, including the right to consult with a lawyer. A life insurance lawyer can help by reviewing the claim denial letter, obtaining the insurance company’s complete file, analyzing the application process, and generally scrutinizing the insurers reasons for denying the claim.

You can obtain this initial legal opinion for free by contacting Michael Jordan, life insurance lawyer. If Michael is of the opinion that the claim denial can be challenged, he will recommend taking legal action on your behalf, which is likely to result in a fair settlement.

 

 

What Happens During a Life Insurance Lawsuit?

A lawsuit does not mean you are going to court. The vast majority of insurance claims settle long before trial, typically at mediation. Mediation is a structured settlement meeting where the insurer, the beneficiaries,  and their lawyers are assisted by a neutral mediator. The steps required to get from life insurance claim denial to mediation often include the following, although more or less may be necessary depending on the situation:

  • Contact Michael Jordan for a free consultation
  • Michael will review the denial letter, provide his preliminary thoughts, and decide whether there are grounds to investigate further, all at no cost to you
  • Michael will then obtain and analyze the insurance company’s complete file, and in some cases consult with an expert to formulate an opinion and litigation strategy
  • You will receive a legal opinion approximately 30 days after Michael receives the file from the insurer
  • If the legal opinion is to proceed with a lawsuit, a statement of claim is issued with the court and served on the insurer
  • The insurance company will assign a lawyer to defend the claim, usually within 30 days
  • The defendant insurer then decides whether the next step is an examination for discovery (a question and answer process) before mediation; or, to proceed straight to mediation
  • About 90% of cases settle at mediation
  • If your case does not settle at mediation, additional productions, expert reports, and other steps may be required, but the claim still can (and almost always does) settle before trial

 

 

How Much Do Life Insurance Lawyers Charge?

Different life insurance lawyers have different fee arrangements. In most cases, Michael Jordan’s fee structure for denied life insurance claims is as follows:

 

Initial consultation

No fee

Obtaining insurer’s file, analyzing the file, and providing a legal opinion

No fee

Commencing and prosecuting a lawsuit through to settlement or judgment

No fee unless successful. The contingency fee is usually 30% of any recovery, plus HST, plus disbursements.  The defendant insurer will contribute to these expenses, increasing your net recovery.

In the event there is no recovery, there is no fee, no HST, and no disbursements.

Contingency fee retainer agreements are governed by the Law Society of Ontario.

 

Michael Jordan – Life Insurance Claims Lawyer

Michael Jordan has been practicing insurance law, including denied life insurance claims, for more than 18 years. He has access to a network of experts who can assist with formulating the initial opinion, and well honed strategies that compel insurers to pay. Michael has resolved claims with every major insurance company in Ontario, including Sun Life, Manulife, RBC, Desjardins, and Canada Life, among others. He has dozens of 5 star Google reviews, and recovers millions of dollars for his clients every year.

Contact Michael Jordan for your free consultation today.

Over 65 Five Star Google Reviews

Millions of Dollars Recovered

Previous results are not necessarily indicative of future results. Contact Michael Jordan, long term disability lawyer, for an assessment of your claim.

Michael Jordan
Jordan Honickman Barristers

Direct Cell: 416-460-6823
Email: mjordan@jhbarristers.com

SECURE YOUR BENEFITS
Free Strategy Session: 416-460-6823

Contact Today