Articles Tagged with: Cause of death denials
drugs

Can a Life Insurance Claim Be Denied Due to Drug Use?

The short answer is yes, a life insurance claim may be denied due to drug use, but you can fight it! Whether your denied claim for death benefits can be paid eventually will depend upon the factors explained in this article.

We have helped many beneficiaries across the nation get death benefits when the life insurance company initially denied their claims because illegal or prescription drugs were involved. If your life insurance claim was denied due to drug use or for any other reason, give us a call. We can help.

What If the Insurance Company Claims the Drug Overdose Was a Suicide?

Most life insurance policies are subject to the 2-year contestability period, during which life insurance companies can deny beneficiaries’ claims for a number of reasons, including when the evidence suggests that the insured committed suicide. This policy is in place to keep people who intend to commit suicide from taking out life insurance policies just before their death.

Group life insurance policies from one’s employer are governed under ERISA, and in recent years the federal courts have ruled in favor of life insurance beneficiaries when the insured died of a drug overdose, deeming that the death a payable accident. In the courts’ views, the insured intended to ingest the prescribed or illicit drug, but did not intend to fatally overdose, therefore the insured did not intend to commit suicide.

Whether this theory applies in non-ERISA policies is being determined now in states across the nation. As the most experienced life insurance attorneys, we often use these and other arguments to get our clients paid. 

Case Study #1

We got clients in Kansas paid when the insured died from a Fentanyl overdose. The autopsy report stated that the cause of death was “accidental.” The insured was prescribed Fentanyl patches and took them daily for several years, yet the life insurance claim was denied based on the drug use exclusion. Because the Fentynol was prescribed, and the overdose was deemed accidental, we were able to get our clients paid. 

Claims of Misrepresentations on the Life Insurance Application

If the insured used drugs and did not disclose that on their life insurance application and medical questionnaire, beneficiaries’ claims are denied due to the insured’s misrepresentation. This is the case whether the death of the insured was drug-related or not, and whether the insured died using drugs that were prescribed or illicit drugs.

Case Study #2

We recently got clients in Georgia paid when the insured, in response to the question “In the past three months, have you consulted a doctor or had treatment, medication, or diagnostic tests of any type?”  answered “Yes” and added, “Taking Nexium 40mg for Acid Reflux.” 

New York Life denied her beneficiaries’ claim due to alleged misrepresentations, asserting that the insured was diagnosed with dyspepsia, gastroesophageal reflux disease with esophagitis, gastritis, and helicobacter pylori, weight loss, was taking Nexium, Biaxin, Zantac, and Flagyl, and was recommended to have an upper endoscopy. 

We successfully argued that the life insurance company was on notice from day one that the insured had a condition that should be investigated further before writing a policy, but the insurer failed to do so, and so waived their defense of misrepresentation. 

What If the Cause of Death Was Unrelated to Drug Use?

If a toxicology report shows the insured took prescription drugs they did not disclose, or took illicit drugs triggering the policy’s drug exclusion, the insurance company will most likely deny claims for death benefits initially. However, if the cause of death had nothing to do with drugs, we may be able to get the beneficiary paid.

Case Study #3

The insured was in a motorcycle accident, sustained severe injuries, and was hospitalized with a DNR for one month until he died. His beneficiary’s claim was denied based on “acute amphetamine intoxication” and benzodiazepine use, both of which were indicated in the toxicity report. No autopsy was performed, and the medical examiner never viewed the body. 

We successfully argued that the insured did not die from an overdose but from injuries sustained in the accident, and we got our clients paid.

Case Study #4

The life insurance company denied our client beneficiaries’ claims due to misrepresentation on the part of the insured. However, the alleged misrepresentation was not material to the insured’s death, which was from natural causes. We got those clients paid, too. 

Drug Exclusions in the Rider

Most accidental death insurance policies include exemptions for death by drug overdose. The rub is that while death by prescription drug overdose is commonly deemed to be accidental, these insurance policy claims get denied. Even if the death certificate lists the cause of death as “accidental” when someone dies of a drug overdose, insurance companies will deny those claims. 

The insurance company will often use an autopsy report or toxicology report to determine whether a life insurance claim should be paid, but the mere presence of a drug in the insured’s system does not mean that the death was not accidental. Did the insured know they were taking a drug, or that the drug they took had a fatal interaction with another drug they take? Was the insured mistaken as to the dose? Was there perhaps medical malpractice in prescribing too large of a dose, or in prescribing a drug that could have fatal interaction with a drug the insured was already taking?

We investigate the death of the insured when the insurer uses drugs as an excuse to deny your claim for death benefits. We get to the truth!

What You’ll Need to Fight Your Life Insurance Claim Denial

If your claim for death benefits was denied due to alleged drug use, talk with us. When you have your no-cost, no-obligation consultation with us, we will tell you in advance what documents you should provide. They may include:

  • A copy of the life insurance policy
  • A toxicology report
  • An autopsy report
  • A death certificate
  • The names of any doctors seen by the insured
  • The name, dose, and date of any prescription drugs that the insured may have been taking.

We Fight Back When Life Insurance Companies Use Drug Use as an Excuse Not to Pay You

While we cannot guarantee the result of any case, and cannot promise the same results as the case studies in this article, we can promise you that your case will get the full attention that it deserves. We take beneficiary cases on contingency, meaning that we never get paid unless you do. If you retain us to fight on your behalf, know that we expect to win! Contact us immediately to talk about your death benefit claim denial.

Corona virus

Life Insurance Not Paying for COVID-Related Death?

If you are the beneficiary of a life insurance policy, and your life insurance claim was denied in COVID-related death, don’t take no for an answer. The life insurance attorneys at Boonswang Law have helped thousands of beneficiaries fight insurance companies. Let us help you get paid the money you are owed!

Life Insurance Companies Have No Incentive to Pay You—Even If COVID-19 Was the Cause of Death.

Life insurance is supposed to work like this:

  1. The insured fills out an application and medical questionnaire.
  2. The insurance company writes a policy for the insured that specifies the term of coverage and the coverage amount.
  3. The insured pays life insurance premiums as they come due.
  4. The insured dies within the policy term.
  5. The insurance company pays the death benefit to the named beneficiary or beneficiaries.

However, life insurance companies only make money for their shareholders when they don’t pay beneficiaries’ claims for death benefits. For this reason, insurance companies will find any possible way to deny a claim or delay payment on a claim.

Unfortunately, life insurance companies are now denying and delaying payouts on life insurance claims when the insured died from the coronavirus (COVID -19). Social media is rife with stories about insurance companies::

  • Requiring beneficiaries to send and resend paperwork;
  • Requiring beneficiaries to send extra documentation;
  • Delaying payout because the death is being investigated;
  • Delaying responses to beneficiaries’ inquiries.

Contact Boonswang Law if the life insurance company is treating you this way, or if your claim is in any other way being delayed, or if your claim was denied. Not only can we help you get your life insurance claim paid, but we can also force the insurance company to pay you interest on the death benefits if the delay in paying your claim was unreasonable.

Should Life Insurance Pay When the Insured Dies from the Coronavirus (COVID-19)?

Yes. COVID life insurance coverage should not be in question. While newly-written policies may have a pandemic exclusion, there was no life insurance exclusion for COVID in the first nine months of 2020, during which, presumably, the insured died. 

However, life insurance companies are taking advantage of the medical community’s relative ignorance regarding coronavirus and alleging that the insured’s cause of death was an undisclosed pre-existing condition or an undisclosed lifestyle habit. Life insurance companies will also take any opportunity to deny a claim during the first two years of a policy, called the contestability period, if there were any mistakes or omissions on the insured’s application or medical questionnaire. 

Insurance companies will also delay payment on a claim if they have to investigate the cause of death. While some coroners will record the cause of death as “complications from COVID-19,” others will specify the particular complication, such as pneumonia, respiratory failure, multi-organ failure, or septic shock.

If the insurance company is delaying payment on your COVID life insurance claim, be sure to review the death certificate and confirm that COVID-19 is cited as the cause of death. Why? So that the insurance company can’t deny your claim alleging that the cause of death was something other than COVID-19.

The Reasons Life Insurance Claims Are Denied for COVID   

Claim Denied Due to Alleged Misrepresentation by the Insured Who Had Covid

If the insured omitted or lied about having a medical condition or lifestyle habit that could affect the insured’s ability to survive contracting the coronavirus, the insurance company will seize on this as a reason to deny your claim.

Underlying conditions such as diabetes, heart disease, and chronic lung disease render someone more vulnerable to COVID-19. Smokers are also more vulnerable to COVID-19.

If the insured did not disclose something on their initial application or medical questionnaire, the insurance company will allege that the death was due to a non-disclosed condition or habit and  can and will deny your claim.

Claim Denied Because the Insured Died From Coronavirus During the Life Insurance Contestability Period

During the two-year period following the purchase of a life insurance policy, the insurance company will deny a claim for death benefits if the insured made even a small mistake on their initial application or medical questionnaire. Your claim will likely be denied even if the cause of death had nothing to do with the mistake.

Common errors or omissions that the insurance company will claim is misrepresentation include:

  • Wrong date of birth or age;
  • Failure to disclose past or present disease, illnesses, or conditions; 
  • Failure to disclose past or present injuries, surgeries, or disabilities;
  • Failure to disclose past or current smoking, or alcohol or drug abuse;
  • Failure to disclose engaging in risky activities or hobbies;
  • Failure to disclose travel to a high-risk destination.

This means that even if the insured’s alleged misrepresentation had nothing to do with COVID-19, your claim will be denied on a technicality during the contestability period. Fortunately, in many instances where the mistake had nothing to do with the insured’s cause of death, we’ve been able to litigate a full payout or settlement with the insurance company. 

Call us if your claim was denied due to alleged misrepresentation, and the insured had the coronavirus. Let us help you fight back and get paid.

Claim Denied Because the Insured Died of Coronavirus After the Policy Lapsed Due to Nonpayment of Premiums

An insurance company is required to pay death benefits to the beneficiaries if the insured dies within the policy term and has paid all of their premium payments. If the insured does not pay premiums when due, their life insurance policy lapses or terminates. An insurance company will deny a claim for death benefits on a lapsed or terminated policy. 

It is very common for policies to lapse due to circumstances outside the insured’s control. We have gotten thousands of claims paid in those instances. 

For example, if an insured was hospitalized and did not receive the required lapse notices from the insurance company, we have litigated those cases and gotten the claim paid. If an insured had group life insurance through an employer, and the employer allowed the policy to lapse or failed to provide the insured with the required paperwork to transfer to an individual policy, we can get that claim paid. If the insurance company or employer failed to send the notices required by state statute, we can get that claim paid. If the insured was disabled and eligible for a premium waiver, but did not receive a premium waiver and the policy lapsed due to non-payment, we can get that claim paid.

Did the insured die from COVID-19, and your claim was denied because the policy lapsed? Call us. We can determine whether the lapse was the insured’s fault, or the fault of the insurer.

The Life Insurance Beneficiary Lawyers at Boonswang Law Can Help You with Life Insurance COVID Claims.

If your claim is delayed or has been denied, do not give up! We know all of the insurance companies’ tricks and how to fight them. Gather the paperwork you’ve received, your claim application, the insured’s death certificate, and schedule your free case evaluation. We can get claims paid when the insured died after having contracted the coronavirus. Our experienced life insurance attorneys will review your case and discuss your options with you at no cost. Let us help you fight the insurance company.

shots of alcohol

Life Insurance Claim Denied Due to Alcohol Consumption?

Can the life insurance company deny your claim because the insured used alcohol? The short answer is yes, claims for death benefits are frequently denied unfairly when alcohol is involved.

Was your claim for death benefits denied because the insured used alcohol? Was the insured’s death from complications from alcohol abuse? Was the insured intoxicated when they died, but their death had nothing to do with alcohol use or abuse?

In many cases where the life insurance company denied beneficiaries’ claims due to the insured’s alcohol use, we can help you get your claim paid. Let the experienced life insurance beneficiary attorneys at Boonswang Law fight for you. There is no cost unless we win.

Why Insurance Companies Routinely Deny Life Insurance Claims Due to Alcohol Consumption.

Insurance companies make money for their shareholders when they deny life insurance claims. For this reason, they will grasp at any reason, however unlikely, to deny your claim initially.

Does Alcohol Affect Life Insurance?

Yes, alcohol consumption can affect whether a life insurance policy is paid, or whether an applicant for insurance can get coverage.  

If an insured discloses on their initial application for life insurance that they use alcohol, the insurance adjuster will take that into consideration when writing the policy. Life insurance companies often justify their life insurance claim denials by arguing that alcohol use can affect the amount in premiums an insured will pay, and may even result in denial of their application.

Will Life Insurance Pay Out for an Alcohol-Related Death?

In some cases, life insurance will pay out after the death of an insured who suffered from alcoholism. If the insured died of causes wholly unrelated to alcohol use or abuse, it is often possible for an attorney to get that life insurance claim paid.

What Can Be the Reasons for Rejection of a Death Claim Due to Alcohol?

Here are the types of death not covered by life insurance when alcohol is involved:

The Policy has an Alcohol Intoxication Exclusion

In about half of all states in the U.S., life insurance companies are permitted to add an exclusion to policies to exclude deaths directly or indirectly related to alcohol use from coverage. If the insured is intoxicated and dies for any reason, the insurance company will deny your claim under this exclusion.

Misrepresentation on the Initial Application and Medical Questionnaire

If the insured omits mention of alcohol use, or fails to disclose past or current alcoholism, and the death of the insured was in any way related to alcohol use, the insurer will likely deny your life insurance claim for death benefits because of alleged misrepresentation on the part of the insured.

We can sometimes resolve these claims for the amount of the death benefit minus the amount the insured would have paid in premiums had the underwriter known that the insured used alcohol.

The Insured Died During the Contestability Period

If the insured dies within two years of purchasing the policy, the insurer will grasp at any reason to deny your life insurance claim, even if that reason has absolutely nothing to do with the cause of death. 

For example, if the insured failed to disclose that they used alcohol socially, and then dies of something having nothing to do with alcohol use, such as mesothelioma, the insurer may allege that the insured misrepresented himself and deny your life insurance claim.

We are frequently able to get these claims paid, especially if the death was unrelated to alcohol use or abuse.

The Insured Died While Doing Something Illegal

If the insured died while doing something illegal – for example, drinking and driving – the insurer will deny your life insurance claim under the illegal act exclusion. If the insured had a few drinks at a friend’s dinner party, mistakenly trespassed on a neighbor’s yard on the way home, and was struck by a falling branch and killed, the insurer may use the few drinks to deny your life insurance claim.

Let the Life Insurance Beneficiary Attorneys at Boonswang Law Fight for You!

If your claim has been denied for an alcohol-related reason, do not give up! There are many circumstances under which we can get that claim paid or even negotiate a settlement for you.  Keep in mind that we take cases on a contingency basis, meaning that we do not get paid unless we win. Contact us for your free, no-obligation consultation. Let us help you fight the life insurance company.

smoke

Life Insurance Claim Denied Due to Smoking?

Unfortunately, one of the most common reasons insurance companies refuse to pay a life insurance claim is because the insured smoked, but did not disclose their past or current smoking habit on their initial life insurance application and medical questionnaire.

If your claim was denied due to smoking, we can help. Often it is a matter of showing that there was no fraudulent intent on the part of the insured, or that a past smoking habit had nothing to do with the insured’s cause of death. 

Don’t take no for an answer if payment was denied because the insured allegedly lied about smoking. The experienced life insurance lawyers at Boonswang Law have helped thousands of beneficiaries get paid when the insured was a smoker. Contact us for your free, no-obligation case evaluation. We don’t get paid unless we win, so let us help you.

Claim Denied Due to Death within the Contestability Period

The two-year period following the date of purchase of the life insurance policy is called the contestability period. During the contestability period, an insurer can deny beneficiaries’ claims for any mistake or omission they made on the initial life insurance application or medical questionnaire, even if the mistake or omission had nothing to do with the insured’s death.

For example, if the insured did not disclose that they had a smoking habit years ago, and quit, then died of injuries sustained in a car accident during the contestability period, the insurer can deny your claim. If the insured failed to disclose that they currently smoke, and was shot and killed in a hunting accident, the insurer can still deny your claim.

When the alleged misrepresentation is not “material” to the insured’s cause of death, we can often get your claim paid.

Claim Denied Due to Misrepresentation

If the insured died outside the contestability but the cause of death could be linked to undisclosed smoking, your life insurance claim will likely be denied due to misrepresentation. The reason insurers are permitted to deny such claims is that as a matter of public policy, people applying for life insurance should be dissuaded from lying about their health or lifestyle habits just to get a lower premium payment.

We have gotten many such claims paid because we can show that the insured did not act with fraudulent intent in failing to disclose smoking. We have also gotten claims paid when the insured’s smoking habit had nothing to do with the cause of death.

Case Study – If No Intent to Deceive, No Misrepresentation

Where an insured died of natural causes but the insurer denied the claim because questions on the initial application were not answered correctly, we were able to get that claim paid because those answers did not show that the insured acted with the intent to deceive, and the answers were not material to the insured’s cause of death.

Claim Denied Due to Agent Mistake or Negligence

It is all too common for an insurance agent to complete an application and medical questionnaire on behalf of the insured, to make a mistake that the insured does not find or know about, and then for the insurer to deny beneficiaries’ claims due to alleged misrepresentation on the part of the insured.

Case Study – Settling for the Death Benefits Minus the Increase in Premiums the Insured Would Have Paid.

An agent made a mistake that recorded the applicant’s age as seven years younger than he was. We were able to get our beneficiary client paid the death benefits minus the amount the insured would have paid in premiums had his age been recorded correctly. This same theory might apply to get you paid when the insured smoked, but did not disclose it on the application. 

Case Study – Agent Negligence or Mistake.

An insured disclosed to his agent that he used to smoke but quit a few months prior. His agent responded that the question about smoking did not apply because the insured had recently quit. The agent also did not record related information about the applicant’s COPD and Hepatitis C. The insured signed the application verbally and did not have a chance to proofread the agent’s work.

Although the insured died from smoking-related complications, the agent knew about past smoking and present related conditions yet did not record them. We got our client beneficiary paid because the insurance agent’s knowledge is imputed to the insurance company.

Don’t Take No For An Answer! We Can Help Get You Paid When the Insured Smoked

The life insurance beneficiary lawyers at Boonswang Law have dealt with thousands of claim denials over the years, and smoking has figured prominently among the reasons for denying a claim. What might seem like a cut-and-dried case of lying on the part of the insured may be an innocent mistake, a mistake or negligence by the insurance agent, or have nothing to do with the cause of death. In any case, we will find out and help you fight back. 

Have questions about life insurance claims being denied due to vaping or occasional cigar smoking? We can help you with that too.

Insurance claim denied graphic

Life Insurance Company Won’t Pay Claim? Here’s What to Do When Your Claim is Denied

Here’s an explanation of the most common reasons a life insurance company refuses to pay a claim, how you can prevent your beneficiaries’ claims from being denied, and what to do if the life insurance company denies your claim, from the noted life insurance lawyers at Boonswang Law.

Why Do Life Insurance Companies Deny Claims?

Life insurance companies seize any opportunity to deny claims because they only make money for their shareholders when they don’t pay out. This means that many, many claims are denied in bad faith, for the flimsiest of reasons.

5 Common Reasons for Life Insurance Claim Denials or Delays

Death During the Contestability Period

The two years after the day that the insured purchases a life insurance policy is called the contestability period. During the contestability period, the insurance company can deny a claim for death benefits due to any mistake or omission on the insured’s initial application and medical questionnaire, even if the mistake has nothing to do with the cause of death.

Suicide during the contestability period will also result in claim denial. This is to dissuade those contemplating suicide from taking out life insurance policies to benefit their loved ones, knowing they will die soon.

Misrepresentation on the Application or Medical Questionnaire

If the insured intentionally or mistakenly omits or misstates information of any kind during the contestability period, the insurer will deny your claim. This is also true if the omission or misstatement was made by an insurance agent preparing the insured’s application and medical questionnaire.

Insurance companies will also deny claims outside of the contestability period for alleged misrepresentation, whether or not the alleged misrepresentation had anything to do with the insured’s cause of death. These denials can frequently be overturned!

Death Excluded from Coverage

Common exclusions include:

  • Suicide (often if within 2 years of taking out the policy)
  • Death during an illegal act
  • Death by drug overdose
  • Death by alcohol poisoning
  • Death occurring while visiting a high-risk travel destination
  • Death due to an Act of War

Lapsed Policy Due to Non-Payment of Premiums

If a beneficiary is told that the claim is denied due to policy lapse or termination, the inquiry should not stop there. It is common for policies to lapse due to no fault of the insured. 

For example, if an employer fails to pay group life insurance premiums on the insured’s behalf and then fails to provide the required notices and conversion forms to the insured, the employer is at fault for the lapse in coverage and the claim can be paid.

If an insurance company cannot show that it sent the insured the required notices of impending lapse, the claim can be paid. If the insured was entitled to a waiver of premiums due to disability, but did not receive that waiver, the claim can be paid.

Beneficiary Dispute 

If the insured changed the beneficiary designation just before dying, or there is an allegation of fraud or undue influence related to a change of beneficiary, the insurer will not pay out until that is resolved.

If the insured is vague in the beneficiary designation, for example, designating “all my children” rather than naming each of the children, a beneficiary dispute may arise. Did he mean all of his children from all marriages? Did he intend to include children born outside of his marriages? Did he intend to include stepchildren? The insurer will not pay out until this is resolved.

If the insured’s named beneficiary cannot be found or has died, and there is no contingent beneficiary, the insurer will investigate and will eventually pay the death benefit to the insured’s estate.

How to Prevent Claim Rejection

An insured can take these three (3) steps to make sure their intended beneficiaries get the death benefit they’ve paid for.

  1. Disclose Medical History and Lifestyle Habits

The insured should disclose all past and current medical conditions, diseases, surgeries, and medication. The insured should also disclose all lifestyle habits, such as smoking and alcohol use. If the insured engages in any activities or hobbies considered dangerous by the insurer, the insured should disclose that as well.

If the insured hides any of these facts, they risk their beneficiary’s claim being denied for misrepresentation, especially if the insured dies within two years of purchasing the policy or the cause of death is related to the misrepresented fact.

  1. Proofread Application Prepared by Agent

Frequently, errors and omissions are the fault of an insurance agent who prepared the application and medical questionnaire on behalf of the insured. The insured should always proofread these documents carefully before signing them.

  1. Specify the Name of a Beneficiary and a Contingent Beneficiary

The most effective way to make sure the death benefit will pass to the intended parties is to specify primary and contingent beneficiaries by name. Do not name a minor child as a beneficiary, as this child cannot directly receive the death benefit and the court will appoint a receiver or trustee to manage the funds.

How Do I Deal with a Rejected Insurance Claim?

Contact the Insurance Company

Be sure to get the reason for denial in writing. Ask the claims agent if any additional information or documentation would overturn the denial. 

Contest the Denied Claim

By law, you must be given the forms to contest the claim denial. You must have reasons other than “the denial is wrong” or “the denial is unfair” to overturn the denial. 

Frequently, the reason for the claim denial seems iron-clad on its face, but the facts behind the reason show that there was no fault on the part of the insured. In those cases, the claim denial can be overturned entirely, or the life insurance company will settle for the death benefit amount minus what the insured would have paid in premiums.

When Does a Life Insurance Beneficiary Need an Attorney?

As soon as your claim is denied (or even if you think your claim is going to be denied), contact a life insurance beneficiary attorney. This will not cost you anything because beneficiary attorneys work on contingency, meaning they only get paid if they win. 

An experienced life insurance beneficiary attorney will investigate the facts behind the denial and the facts of the cause of death and will be able to uncover whether the policy legally lapsed, the insured was at fault for misrepresentation, or the death was indeed excluded from coverage. Often a claim that is initially denied is paid or settled once an attorney gets involved.

Let the Experienced Life Insurance Beneficiary Attorneys at Boonswang Law Help You Get Paid

Boonswang Law has helped thousands of beneficiaries just like you contest a claim denial and get paid. Contact us today for your free, no-obligation case evaluation. Remember, we don’t get paid unless you do!

Life insurance claim

COVID-19 & Life Insurance Payouts [GUIDE]

If your loved one died of COVID-19, and you are the named beneficiary of his or her life insurance policy, read this guide for problems to look out for and how you can solve them and get paid.

If your life insurance is not paying out, contact us for your free, no-obligation consultation. We have gotten many beneficiaries paid when the insured died of COVID-19, and we can help you as well. And, we don’t get paid unless you do!

Are Life Insurance Companies Denying Payouts for Deaths Related to COVID-19?

Yes, unfortunately. 

As a practical matter, know that insurance companies only make money for their shareholders when they don’t pay beneficiaries’ claims. For this reason, insurance companies will find any possible way to initially deny a claim, or delay payment on a claim.

Reports on social media have alerted us to the fact that the insurance companies are giving beneficiaries the runaround when it comes to COVID-19 deaths. Insurance companies have been employing the following tactics:

  • Requiring you to send and re-send paperwork, repeatedly;
  • Requiring you to send extra documentation;
  • Delaying responses to your inquiries;
  • Delaying payment on your claim.

Contact Boonswang Law any of this has happened or is happening to you. We can help you get your claim paid. And, if the delay in paying your claim was unreasonable, the insurance company may owe you interest! We can get that paid too.

Does Life Insurance Cover Death from the Coronavirus (COVID-19)?

Yes. As of this writing, there is no pandemic exclusion on life insurance policies. That may change in the future, however, right now an insured is covered for death by COVID-19.

Problems arise in determining and then recording the cause of death, because COVID-19 affects individuals in different ways. The most straightforward way to list cause of death is “complications from COVID-19” but some coroners will specify the complication, such as:

  • Pneumonia
  • Respiratory failure
  • Multi-organ failure
  • Septic shock

If the death was COVID-19 related, review the death certificate and be sure that COVID-19 is cited. Why? So that the insurance company can’t claim that the cause of death was something other than COVID-19, and potentially deny your claim.

The Most Common Reasons Life Insurance Claims are Denied   

Misrepresentation on the Application or Medical Questionnaire

If the insured failed to disclose any medical conditions or lifestyle habits that affect his or her ability to survive COVID-19, this provides a reason for the insurance company to deny your claim for death benefits.

For example, underlying conditions such as diabetes, heart disease, and chronic lung disease render an insured more vulnerable to COVID-19. The insurance company can and will deny your claim, citing the cause of death as a non-disclosed condition and voiding the policy due to misrepresentation.

Smokers are also more vulnerable to COVID-19. If the insured failed to disclose that he or she smokes or used to smoke, the insurance company will use that to deny your claim.

Contestability Period

During the two-year period following the purchase of a life insurance policy, an insurance company can deny beneficiaries’ claims if the insured made even the simplest mistake on his or her initial application or medical questionnaire. 

This means that even if the mistake had nothing to do with COVID-19, your claim can be denied on a technicality. Fortunately, where the mistake or error had nothing to do with the cause of death, we’ve been able to negotiate a settlement with the insurance company. 

Call us if your claim was denied because the insured died during the contestability period and  allegedly “misrepresented” himself or herself on the initial application or medical questionnaire.

Common Examples of Mistakes on an Application that Result in Claim Denial

  • Wrong date of birth or age;
  • Failure to disclose past or present disease, illnesses, or conditions, 
  • Failure to disclose past or present injuries, surgeries, or disabilities;
  • Failure to disclose past or present smoking, or alcohol or drug abuse;
  • Failure to disclose engaging in risky activities or hobbies;
  • Failure to disclose travel to a risky destination.

Lapsed Policy Due to Nonpayment of Premiums

If the insured failed to pay premiums, the life insurance policy will lapse or terminate. An insurance company will deny a claim for death benefits on a lapsed or terminated policy. However, it is common for policies to lapse due to circumstances outside of the control of the insured, and we have gotten hundreds of claims paid in those instances. 

For example, if an insured had group life insurance through an employer, and the employer allowed the policy to lapse or failed to provide the insured with the required paperwork to transfer the policy to an individual policy, we can get that claim paid.

If the insured was eligible for premium waiver due to disability and did not receive premium waiver, we can get that claim paid. If the insurance company failed to mail the required notices of lapse and termination to the insured, we can get that claim paid.

How Can a Life Insurance Lawyer Help?

With the legal team at Boonswang Law by your side, you can fight claim denial and you stand a great chance of getting paid. We know all of the insurance companies’ tricks and how to negotiate with them. Don’t give up! We know how to help.

First, gather your paperwork, such as your claim application, the death certificate, and any documents sent to you by the insurance company. Then schedule your free consultation, our skilled life insurance attorneys will review your case and discuss your options with you, at no cost to you. Let us help you get paid!

claim denied stamp graphic

Is COVID-19 Covered By Your AD&D Policy? Maybe…

If you or someone close to you contracted the coronavirus, filed an AD&D claim, and the insurer denied your claim, call us. If there is a way to get your claim paid, we will find it.

If a loved one died of COVID-19 and your beneficiary claim for death benefits was denied, we can help you too.

Insurance companies routinely deny legitimate claims for life insurance benefits and AD&D benefits because those companies only make money when they don’t pay claims. If your claim has been denied, you should fight back with a team of experienced life insurance beneficiary attorneys at your side. 

Give us a call at 1-855-864-4335 to schedule your free, no-obligation consultation. We only get paid if we can get you paid!

Whole or Term Life Insurance Probably Covers Coronavirus

If the insured had an individual or group life insurance policy and died from COVID-19, beneficiaries’ claims should be paid. For policies written before the onset of the coronavirus pandemic, there is no pandemic exclusion, so COVID-19 deaths ought to be covered. Be aware that this may change for newly-written life insurance policies.

Three Reasons Why Your COVID-19 Life Insurance Claim May Be Denied

If you file a claim for life insurance benefits due to the coronavirus and your claim is denied, it may be due to one of the following three most common reasons.

Reason #1: Allegedly Inaccurate or Missing Information on the Insured’s Application or Medical Questionnaire

If the insured made a mistake or omitted information on his or her initial application for life insurance or medical questionnaire, the life insurance company will allege misrepresentation on the part of the insured and deny a claim for benefits.

We have helped many clients get the benefits they deserve when the insurance company alleges misrepresentation, but cannot prove that the insured acted with the intent to deceive. 

Many times the error or omission had nothing to do with the death or dismemberment of the insured, or it was the fault of the insurance agent who filled out those initial forms on behalf of the insured. Either way, we may be able to get that claim paid.

Reason #2: Lapse or Termination of Policy Due to Non-Payment of Premiums

This is common, but we have gotten claims paid when a group policy through the insured’s employer lapsed, but the insured was not given the required notices and conversions forms, and also when the insured died after a long illness having never received the required notices of termination. 

Call us and we will do the necessary research and find out if your claim should be paid despite a policy lapse or termination.

Reason #3: Death During the Two-Year Contestability Period

If the insured dies within two years of purchasing a life insurance policy, the insurance company has heightened powers to research the circumstances of the death, as well as the facts underlying the responses of the insured to the medical questionnaire and initial application. If any problem is found, even if unrelated to the death, the insurance company will attempt to use it to deny the claim.

This is no reason to give up. Our life insurance lawyers have gotten millions of dollars of these claims paid when they were unfairly denied during the contestability period.

A Stand-Alone AD&D Policy Might Not Cover Coronavirus

Most commonly, Accidental Death and Dismemberment (“AD&D”) coverage is added as a rider to an individual or group life insurance policy. In that case, the underlying policy itself would likely cover a COVID-19 death. The AD&D rider would probably not apply because the AD&D policy covers limited types of injuries or deaths from accidents, not from natural causes such as disease or illness caused by a virus.

For this reason, if an insured’s AD&D coverage is a stand-alone policy, it may not cover a COVID-19-related injury or death. However, if the insured caught the coronavirus but suffered an unrelated accident and was injured or died, the AD&D policy should cover the death. 

What about Accelerated Death Benefits (ADB)? If your claim for accelerated death benefits was denied, contact us for help.

Insurers Will Deny AD&D Claims Due to Coronavirus

Knowing insurance companies as we do, we suspect that they will deny AD&D claims when the insured had COVID-19, even if the injury or death was due to an accident and wholly unrelated to COVID-19. 

Don’t take no for an answer. Contact us and we can help you get your life insurance or AD&D claim paid.

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Can a Life Insurance Claim be Denied Because of Coronavirus?

Life Insurance Beneficiary Lawyer to Help You If Your Life Insurance Claim is Denied due to COVID-19, the disease caused by the Coronavirus

We are in the middle of a worldwide health crisis. Everyone is concerned with avoiding contracting the coronavirus, but what happens if you or a loved one does fall ill and dies?

Although this pandemic has created an unusual situation for us, for the life insurance companies, it will be “business as usual”. Life insurance companies only make money when they don’t pay claims, so inevitably they try to avoid paying claims whenever they can, coronavirus claims included. There are many common reasons life insurance claims are denied, and COVID-19 will be yet another one. The beneficiary attorneys at Boonswang Law have seen it all and can help you fight back and get paid if your coronavirus claim was denied.

Give our experienced life insurance attorneys a call at 1-855-865-4335 for your no-cost, no-obligation consultation. We only get paid if you get paid.

7 Tactics a Life Insurance Company Will Use to Deny a Claim After a Coronavirus Death

Life insurance companies will have to get creative in crafting reasons for denying beneficiaries’ claims, as there are no pandemic exclusions to life insurance coverage for existing policies.  Knowing life insurance companies as we do, we suspect they will try one or more of the following seven tactics to deny claims.

We are prepared to fight back and get beneficiaries paid. Bookmark this page because we will be updating this article as life insurance companies begin to respond to claims filed for COVID-19 deaths.

Tactic #1 – Claiming that Coronavirus was Not the Cause of Death

If an insured contracts the coronavirus and dies, we suspect the insurer will look closely at the death certificate and whether the insured had any underlying conditions. If so, did the insured disclose those conditions on the initial application for life insurance and medical questionnaire?

If the insured did have an underlying condition and failed to disclose it, the insurer will argue that that condition was the cause of death and deny the claim due to misrepresentation.

Tactic #2 – Claiming that the Insured’s Death Occurred Too Long After Contracting Coronavirus

If the insured contracted the coronavirus, recovers, but later dies, the insurance company will likely look for any applicable exclusion to apply to deny the claim rather than attribute it to the coronavirus.

Tactic #3 – Denying a Claim When the Insured Died During the Contestability Period

Any mistake or omission on the insured’s initial application and medical questionnaire will trigger claim denial during the first two years after purchasing the policy, even if that mistake or omission had nothing to do with the death.

Tactic #4 – Claiming there was Misrepresentation on the Insured’s Application or Medical Questionnaire

The Insured Had No Knowledge of Coronavirus

If the insured did not know that he or she was positive for COVID-19, took out an insurance policy, and later died due to the coronavirus, the insurer will deny the claim based on misrepresentation.

In one recent case, the insured did not know he had COPD and died from it. Though the insurance company claimed misrepresentation, we were able to show that the insured had no knowledge of his condition and we were able to get our client paid.

The Insured Failed to Disclose Coronavirus Hospitalization or Treatments

If the insured knew that he or she had the coronavirus, was hospitalized, and recovered, and later obtained a life insurance policy, this may be problematic.  If the insured disclosed that he had the coronavirus but did not disclose the hospitalization and treatments received there, the insurer will almost certainly deny a claim for death benefits due to misrepresentation.

In another recent case, the agent made a mistake in filling out the medical questionnaire for the insured. She disclosed her heart condition to her agent, but the agent failed to record it.  Because the agent’s mistake was not enough to prove fraud on the part of the insured, we were able to get our client paid.

Tactic #5 – Denying a Claim Because the Insured Traveled to a Coronavirus Hotbed Which Was Deemed Unacceptable for Travel

If a travel destination was deemed unacceptable for travel and the insured went there anyway and contracted the coronavirus and died, beneficiaries’ claims will be denied due to that exclusion.

Tactic #6 – Applying the Natural Disaster Exclusion

We suspect that life insurance companies will attempt to apply the natural disaster exclusion to deny claims during this pandemic. This is a developing theory that we will update when and if claims are denied on this basis.

Tactic #7 – Applying the Act of War or Terrorism Exclusion

There is a political faction in our nation that has theorized that the coronavirus was not naturally-occurring, but was man-made as a weapon and was released either intentionally or unintentionally.

If evidence comes to light supporting this theory, life insurance companies will try to invoke the Act of War or Terrorism exclusion to deny claims.

How Life Insurance Companies will Deny AD&D Claims Due to Coronavirus

Accidental Death and Dismemberment Insurance (AD&D) covers serious injuries and deaths caused by unforeseen circumstances.  If an insured contracted the coronavirus, death from the coronavirus will not be covered as AD&D does not typically cover death from the disease.  However, if the insured contracted coronavirus, recovered, and later died from other causes, the insurer will try to argue that the death was coronavirus-related and deny coverage.

We’ve had many cases like this. In one recent case, the insured died of emesis while hospitalized due to pneumonia. We argued successfully that the pre-existing condition (pneumonia) did not preclude death by an unrelated accident, and we were able to get our client paid the AD&D death benefit.

Why Coronavirus Deaths Will Trigger Life Insurance Claim Denials and What You Can Do About it

The pandemic is a developing situation.  Every day, more is being discovered about how COVID-19 is transmitted, how it can be transmitted by asymptomatic carriers, how highly contagious it is, and who is most at risk of death.  For the latest, most reliable information about COVID-19 and the coronavirus itself, visit the Center for Disease Control here or the U.S. government website here.

As the situation evolves both medically and politically and insurers begin to respond to coronavirus-related claims, this article will be updated. Bookmark this page for the latest information about the coronavirus and life insurance death benefit claims.

In the meantime, Boonswang Law is ready to respond to all life insurance companies’ handling of claims during this crisis.  The life insurance attorneys at Boonswang Law will fight for the rights of beneficiaries who have lost loved ones due to the pandemic, or due to any other circumstances related to Accelerated Death Benefits or Critical Illness policies during this trying time.  If you or anyone you know is involved in these situations, let us help you get paid.

Accidental Death and Dismemberment lawyer

Getting Accidental Death & Accidental Dismemberment Payouts

What is an AD&D policy?

Typically accidental death and dismemberment insurance (AD&D) is available as a rider to a life insurance policy or a health insurance policy. An AD&D rider covers the unintentional dismemberment or death of the owner of the policy. It is also referred to as a “double indemnity rider.”

Another type of rider you may be interested in is an accelerated death benefit rider, commonly called ADB, which pay out if the insured is diagnosed with a terminal illness.

These are the common types of AD&D policies:

  • Group Life Rider. Usually provided by an employer, and the AD&D benefit commonly equals the death benefit. Sometimes coverage for dependents is also offered.
  • Voluntary AD&D. Offered by an employer as an elective benefit for which employees pay extra.
  • Travel Accident AD&D. Employers provide a supplemental benefit that covers employees while traveling on a business trip.

Many AD&D policies only cover accidents that occur off the job, not on the job.

How does AD&D insurance work?

In the case of an accidental death, designated beneficiaries can receive both the benefit from the life insurance policy and the benefit from the AD&D rider. It is common for the AD&D benefit to equal the amount of death benefit provided in the life insurance policy, and beneficiaries can receive both – thus the “double” in “double indemnity rider.” If the insured died due to injuries sustained accidentally, the death must have occurred within a specific time period following the injury to be covered by the AD&D rider. This time will vary among policies and may be governed by state law.

In the case of accidental dismemberment of the insured, as defined in the rider itself, the insured will receive a total or partial payout. The percentage of total benefit payout for specific injuries will be set forth in a “schedule” listing various injuries, as part of the rider.

AD&D coverage commonly ends when the owner of the policy turns 70.

What qualifies for Accidental Death and Dismemberment?

What are examples of accidental death?

Generally, AD&D riders cover death due to exceptional and unexpected circumstances such as:

  • car accidents;
  • drowning;
  • suffocating or choking to death;
  • freezing to death or heat stroke;
  • burns or fire;
  • homicide;
  • lightning strike;
  • death by heavy equipment;
  • falling.

What is the Number 1 cause of accidental death?

In 2018, the CDC reported that the number one cause of accidental death was poisoning, including drug overdose. The second and third leading accidental causes of death were auto accidents and falls.

Accidental Death and Dismemberment Exclusions

It is very important to note that exclusions exist in all Accidental Death and Dismemberment policies for which insurers will deny payment of benefits. Every policy will list exclusions from coverage, and they differ policy-to-policy.  Typically the list will include:

  • Death from natural causes (old age);
  • Death from illness or disease;
  • Suicide (within a certain time frame);
  • Alcohol or drug overdose (poisoning);
  • Death while under the influence of drugs or alcohol;
  • Injuries sustained in war, or death in war.

The policy will also set forth other circumstances, such as if the insured is injured or dies while committing a felony, or if the insured is a professional athlete who is injured or dies while playing his or her sport, or if the insured dies while engaging in a risky or hazardous hobby, such as sky diving or race car driving.

My AD&D claim was denied due to an exclusion – what do I do?

If your claim is denied due to exclusion, let experienced AD&D attorneys help you get paid. In one recent case, for example, our lawyers were able to get the beneficiary paid when the insured fell down a flight of stairs at work and died in the hospital the next day of extensive internal bleeding. The insured also had cirrhosis of the liver. We successfully argued that the pre-existing condition had nothing to do with the death of the insured.

While we cannot guarantee the same result in other matters involving the same facts, we often do get these claims paid.

Is a heart attack considered an accidental death?

Not usually, since a heart attack is usually preceded by a period of illness such as coronary artery disease. The same commonly applies to death by cancer or stroke.

Does AD&D cover drug overdose?

It depends. Was the drug illegal or was it prescribed by a doctor or available over-the-counter? If the overdose was an accident and the insured was prescribed the drug(s), there is always an argument to be made that the beneficiaries should be paid.

If your claim was denied because the insured died from a drug overdose, contact an experienced AD&D attorney to discuss your case – you may yet get paid. In another recent case, we got a beneficiary paid when the insured died as a result of blunt force trauma sustained in a motorcycle accident which left him in the hospital for a month under a DNR order until he finally passed. Our client’s claim was initially denied due to the “acute amphetamine intoxication” of the insured when the accident occurred.

We successfully argued that while operating a motorcycle while intoxicated was negligence, it was still not foreseeable that a motorcycle accident would occur, therefore it was an accident and covered by the AD&D policy.  Our client was paid. Again, we cannot guarantee the same result in any other matter but our success rate is high.

Accidental death payouts and accidental dismemberment payouts

We can assist an insured in obtaining an AD&D payout if he or she is accidentally seriously injured or suffers dismemberment and no exclusion applies. If the insured dies accidentally or from injuries suffered accidentally, we can help the designated beneficiary obtain the payout if no exclusion applies.

The kind of injuries covered by AD&D includes the loss of use or total loss of a body part, such as a limb or an eye, or important bodily function, such as speech or hearing.

Every policy has different limitations, and the insured should always read the terms of the policy carefully. Examples of injuries that an AD&D policy typically covers include:

  • Loss or loss of use of a limb;
  • Partial or total paralysis;
  • Total or partial loss of sight;
  • Total of partial loss of hearing;
  • Total or partial loss of speech.

While every insurance company offers different coverage and limitations on an AD&D rider, it is unlikely that insurers will pay 100% of the benefit to the insured unless the injuries are extreme, such as if the insured loses a limb and a major bodily function like sight or hearing, or loses two limbs, or is totally paralyzed..

AD&D loss of one limb payouts

This is a frequent cause of litigation, as the insured will believe that the injury is more serious and the AD&D policy should pay a greater percentage of the benefit, and the insurer will argue that the injury is less serious and offers to pay less or even none of the benefit. An experienced life insurance attorney can help you get paid what you deserve in this situation.

What to Do If Your AD&D Claim is Denied

There are many common reasons life insurance claims are denied. These are the typical causes of AD&D claim denial:

  • The accident did not “directly cause” the death or dismemberment or because the death or death occurred too long after the accident;
  • The policy lapsed or was terminated due to unpaid premiums;
  • In the case of employer-provided AD&D coverage, the employee allegedly did not meet the requirements for coverage (e.g., not employed for long enough, not working enough hours, etc.).

If the insurer denies your claim due to policy lapse or termination, or because the employee did not meet the requirements for coverage, contact an experienced AD&D lawyer to help you find out if that is actually the case. Often, there are applicable grace periods or administrative errors that can account for the denial and we can get the denial overturned.

As for denial due to non-accidental death, usually the cause of death is set forth on the insured’s death certificate and the insurance company will make a decision whether to pay out based on that. But what if the information on the death certificate is not, on its face, the whole story?

In one case, we got our beneficiary client paid when the insured drowned, but the death certificate set forth that death “was due to natural causes, relating to an existing heart condition.” We successfully argued that whether an event is an accident depends upon whether it was naturally and probably expected, and the insured would have no reason to expect that he would drown. Again, while we have been successful in overturning many claim denials in cases such as this, we cannot guarantee the same or similar result in any other matter.

If your claim was denied but you believe you have a legitimate claim due to accidental death or dismemberment, try these steps to get paid:

  • Ask the insurer to launch an investigation into the death to determine whether it was accidental;
  • Contact an experienced AD&D attorney to advance your case, especially if the insurance company refuses to investigate.

We have been successful in getting thousands of beneficiaries paid over the years and we can likely help you.

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Does Life Insurance Cover Acts of War or Terrorism?

The answer is, maybe.

Most life insurance policies contain a “war exclusion” clause, which specifically excludes coverage for acts of war like:

  • Terrorism
  • Revolution
  • Military coup
  • Insurrection
  • Invasion

Have you lost a loved one due to a purported act of war or terrorism, and your life insurance claim was denied?  Don’t take no for an answer. Read on to find out why the war exclusion exists and what you can do when your claim is denied under that exclusion.

Why Can Acts of War be Excluded from Life Insurance Coverage?

Public policy dictates that since insurance companies could not remain solvent if they were obligated to pay for the massive destruction caused by acts of war, those acts can be excluded from life insurance coverage. If insurance companies were required to cover those losses, the payouts would be immense, causing life insurance premiums to rise exponentially and be unaffordable for most.

Originally war exclusion appeared only in the policies of those contractually assuming liability, rather than private people and organizations, under the now-outdated theory that only soldiers and military contractors could suffer a coverable injury through an act of war.

This changed during the fallout from the terrorist attacks on September 11, 2001, which resulted in many civilian deaths and injuries and many life insurance claims. Consequently, insurance companies added more detailed and far-reaching “war and terrorism” clauses that also excluded coverage of civilians.

A Congressional Report from June 14, 2001 sets forth the history of and public policy underlying this evolution, yet concludes “that ‘war risk’ exclusion clauses will not likely be invoked against losses arising out of the events of September 11, in general, and the destruction of the World Trade Center, in particular.”

What is a War Act Exclusion?

Here is a sample War Exclusion provision from an actual life insurance policy:

WAR AND TERRORISM EXCLUSION ENDORSEMENT 

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss; 

  1. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or 
  2. any act of terrorism. 

For the purpose of this endorsement, an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. 

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to 1 and/or 2 above. 

If the Underwriters allege that by reason of this exclusion, any loss, damage, cost, or expense is not covered by this insurance the burden of proving the contrary shall be upon the Assured. 

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. 

Here is another sample:

You are not insured for: war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom or any hostile act by or against a belligerent power, capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat, derelict mines, torpedoes, bombs or other derelict weapons of war.

What if I Need Insurance Coverage against War-Like Acts?

A company doing business in an environment where there is a risk of sustaining loss or death due to a war-like act can purchase War Risk Insurance. It is most commonly purchased by companies in the aviation and shipping industries.

War Risk Insurance has two components: War Risk Liability, which covers the people and items inside the airplane or ship, and; War Risk Hull, which covers the airplane or ship itself.

If your loved one worked in these industries or in related industries and died due to a war-like act or in a war zone, you should inquire whether he or she was covered under the employer’s War Risk Liability policy. Contact the Boonswang Law Firm at 1-855-865-4335 if you need help with this.

How Do I Know if War Exclusion Was Correctly Applied to Deny My Claim?

Herein lies the rub. Insurance companies do not want to pay your claim if your loved one died under circumstances where the war act exclusion provision may apply, so your claim will likely be denied outright and you will need to appeal that denial.

You will need to look at what the war exclusion clause expressly states. Take a look at the two very different war exclusion provisions above. The shorter of the two expressly excludes loss due to things like forgotten land mines or abandoned weapons or war.  The longer of the two does not.

So, if an insured steps on a WWII land mine and is killed… he is probably covered by the first policy and maybe not covered by the second.

There are always arguments to be made for coverage when war exclusion clauses are vague – and most are. A life insurance beneficiary attorney will look at the war act provision and ask, What are “acts of war” – must war be declared? Did the insured die from an act of war or from something else while located in a war zone? Did the insured die from a purported act of terrorism, but it occurred on domestic soil and was perpetrated by a U.S. citizen?  Did the insured die in a war zone, but from friendly fire? Did the insured die during training exercises, not while the enemy was engaged?

A War- or Terrorism-Related Death May Still Be Covered By Life Insurance

Not every act that is war-related or terrorism-related is excluded from life insurance coverage. Today, violent conflict can be found all over the globe, from formally-declared war to insurrection and terrorist acts.  If your loved one died in or around any of that conflict, you and your attorney must explore the nuances of the applicable war exclusion provision against the facts and determine whether there are arguments for coverage. Chances are good that there are.

Contact national life insurance beneficiary attorney Chad G. Boonswang Esq. today to schedule your free consultation. Let us help you get paid!

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