Life insurance generally provides benefits for accidental death to a particular beneficiary.  Life insurance is offered in various forms:  term insurance, whole life insurance, modified life insurance, trip insurance, annuities, or industrial life insurance.

An insurance company makes money when it collects more in premiums from its insureds (those who purchase or hold a policy) than the company pays out in claims.  Insurance companies have an incentive to delay payment of claims and to deny many claims.  Although insurance companies are regulated, consumers and small business sometimes must retain legal counsel to enforce their contract rights under a policy issued by an insurance company. Insurance companies frequently deny life insurance claims because they involve large sums of money. Our firm almost always recovers the Full Amount of the policy for our clients. We handle: all life insurance claims & denials; all unreasonable life insurance claim delays; all life insurance disputes; along with all associated wrongful death claims. Handling life insurance claims and denials involves an extremely complex set of laws. Our firm has years of experience with respect to settling these claims. Whether you have been denied based on a misrepresentation on the application, or you have been denied for any other reason, we will recover the full policy amount that you are owed.

An insurance contract is generally a contract in which the insurer undertakes to indemnify or pay the insured a specified or ascertainable amount of money or benefit upon a loss or determinable risk contingency.  An insurance binder is a writing given to the insured that obligates the insurer to pay insurance if a loss occurs before the policy is issued or an application for insurance is denied.  An application for insurance can be accepted by an express statement, acts or conduct of the insurance company. Insurance policies are generally made up of the application for insurance, coverage grant, declarations page, exclusions, conditions and endorsements.  Insurance contracts are to be interpreted to ascertain the intent of the insurance company and insured.  Generally, terms in an insurance contract are ambiguous if they are susceptible to two reasonable meanings.

Legal Actions Against Insurance Companies

An insured can hire an attorney and, if necessary, bring a legal action against an insurance company if it breaches its contract with the insured to take some action required under the insurance policy.  These failures may include the insurance company’s failure to pay losses, failure to pay a judgment or failure to defend the insured.  In some circumstances, the insured may bring an action against the insurance company for tortuous breach of the covenant of good faith and fair dealing, interference with business relations or intentional infliction of emotional distress.  Additionally, the insured may bring an action against an insurance company for misrepresentation or fraud.

Generally the insured must first file a proof of loss and/or notice of loss with the insurance company before bringing any legal action.  If a legal claim against an insurance company is successful, the insured in some instances may recover prejudgment interest and attorney fees.

Do I need to file a lawsuit to recover?

Possibly. Some wrongdoers must be forced by a lawsuit to pay for the injuries they cause. Other wrongdoers, however, often settle before a lawsuit is filed. If the wrongdoer knows that you understand your legal rights and that you will file a lawsuit to enforce your rights, then the wrongdoer is often times more likely to deal fairly with you. Approximately 90-95% of cases settle before an actual trial. Settlements may happen at any point in the action from as early as pre-suit (before a lawsuit is filed) to mediation (a formal settlement conference), to as late as “on the courthouse steps.” The main thing to focus on is not if and when a case settles, but on being prepared to have a trial. Once the defendant and defense attorney realizes that a case is well prepared and ready to be tried if need be, they are more willing to settle for a reasonable amount without the need for a judge or jury to decide the case.

Do I need to consult a lawyer?

Yes, if you have questions about your legal rights. You can empower yourself by knowing your legal rights. If you or a loved-one has suffered injury, loss or harm, a lawyer can help you determine whether there is a case.

If you have any life insurance claim, dispute or denial, please call us immediately, as time is of the essence. There is no fee until we recover money for you.

How much is this going to cost?

At the PANTAS LAW FIRM it costs you nothing, unless there is a recovery. The firm takes these types of cases on a pure “contingency fee and cost” basis. If we lose, we work for free and we lose our costs that have been advanced.

Want to ask your questions over the phone? Use our free service or call us at Toll Free (888) PANTAS-LAW. Want to ask your question by e-mail? Use our free "online advice service" at Info@PantasLaw.