Life Insurance Attorneys

The Florida life insurance lawyers at the Law Offices of Jason Turchin can help with a denied life insurance claim, life insurance claim delay, life insurance interpleader lawsuit, claims of improper beneficiary changes, and more. If you have a Florida life insurance question, call a life insurance attorney at the Law Offices of Jason Turchin today at (800) 337-7755 or submit your question online.

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We've resolved many Florida life insurance claims!

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Every case is different. We are happy to review your case to see if you may be entitled to money. There are many different types of Florida life insurance claims. Our attorneys who handle Florida life insurance claims can review your case and see if you have any right to benefits under the life insurance policy.

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Types of life insurance claim cases our Florida life insurance attorneys handle

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Interpleader lawsuits - When two or more people make claims to the same life insurance policy, or the life insurance company is not sure who may be entitled to the benefits, they may file a lawsuit against all possible beneficiaries. They often deposit the money with the Court for safe keeping, and let the beneficiaries fight over who has the right to the money. These may be filed when there was a change of beneficiary attempted or made, or where a person was divorced but still may be listed on the policy. The facts of each case may make the difference between who is entitled to the money. We are happy to review your case to see what rights you may have.

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Policy cancelled for non-payment of premiums - Some life insurance policies are paid up, meaning they will last the life of the insured. Some policies require premiums to be paid t certain intervals, often every month. When the premiums are not paid on time, many policies do not automatically cancel. There are usually procedures which the insurance company must follow strictly in order to cancel a policy for non-payment of premiums. If they fail to follow the procedure, they may still have to pay the benefit. For example, some policies require the life insurance company to send a warning notice before they are allowed to cancel the policy. If they don't send the warning notice, the policy may still be in effect.

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Denial for failing to disclose complete medical history, or material misrepresentation - If a person dies within two years of a policy going into effect, the life insurance company may review the policy application and medical records of the insured to confirm whether the medical history was accurately given. If it was not, they may try to deny the claim for material misrepresentation. That is, they claim that the correct answers were material to them issuing the policy or issuing the policy at a certain premium, and the applicant misrepresented the medical conditions. They often argue that they never would have issued the policy had they known of the misrepresentation, and therefore try to void the policy. There are several grounds we know of to reverse their decision. Sometimes an agent may fill out the answers without asking the insured. Sometimes the person signs the application to the best of his or her knowledge and belief, believing the answers were correct, even if the doctors had a different opinion. The question may come down to whether the person actually knew or believed he or she had a certain medical condition and failed to disclose it, or whether the person did not actually think they had the disease or condition.

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Claims by former spouse still listed as beneficiary - A recent change to Florida's divorce law states in general that if a spouse is listed as beneficiary on a life insurance policy in Florida and gets divorced, the life insurance company should treat the person as if they died first for purposes of life insurance, and should skip them and go to the contingent beneficiary, if any. If no contingent beneficiary is listed, the life insurance company would pay the benefits to the Estate of the deceased person. This is a general rule, but there are exceptions and exclusions. It is important to speak with a Florida life insurance attorney in our office if you are a former spouse, or represent the Estate of a divorced person to see what rights you have.

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Claims for an Estate when no beneficiary is listed - When no beneficiary is listed, but a life insurance policy is still active, the deceased's Estate would likely be the proper beneficiary. Our office has handled many of these claims. We have a Probate department that can assist with setting up any Estate if none is set up yet, and can help process the claim properly through the life insurance claim and the Probate case. We can handle these probate claims for an Estate on a contingency fee, so you do not have to pay us money out of pocket to help with the case.

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Last minute beneficiary changes - A policy owner is generally allowed to change the beneficiary whenever he or she wants, but there are exceptions.A beneficiary designation could be invalidated if it was made when the owner was not of sound mind, had a temporary period of insanity or delusion (like while under mind altering medication), or was subjected to undue influence by another person. Also, beneficiary designations may have to also comply with additional requirements of the insurance policy in order to be valid. For example, some policies require that the designation be made on a specific form, be mailed to a specific office of the insurance company, and be accepted by the insurance company. If it was not accepted before the insured dies, it may not be valid. A beneficiary change may also be required to be made by a specific person, like the policy owner, If anyone else tries to make the change, it may not be valid. There are many other requirements which could apply. If you are questioning a beneficiary change, or are concerned about whether yours is valid, call us to see what rights you have to the policy benefits.

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ERISA life insurance claims - When a policy is governed by ERISA, it is often controlled by the Plan Documents of the employer, as opposed to Florida law. There may be some disputed issues as to which law applies and when, and beneficiary designations may be disputed. However, the Plan Documents may tell who is entitled to the benefits. Our office has handled many ERISA claims and can help review the claim, the Plan Documents and the policy to see what you may be entitled to.

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