Denied Insurance Claims

Florida’s Road to Recovery – What You Need to Know About Hurricane Insurance Claims 

Heather D. Lee, Esquire Delayed Property Insurance Claims, Denied Property Insurance Claims, Hurricane Ian, Insurance Settlements, Law Offices of Heather D. Lee, Life & Property Insurance Lawyer , , , , , , ,

Hurricane Ian recently caused an estimated $25 billion – $40 billion in damages across the State of Florida, much of which is not fully protected by insurance. If your property has been damaged or destroyed as the result of this ferocious storm, the difficult and uncertain work of rebuilding now begins.

What do you do first? And how do you make sure you’re receiving every dime you deserve from your insurance company? 

It’s going to be a long road ahead but you’ll want these basics to start the process.

Immediately After the Storm:

Report the Damage

Instead of jumping straight into clean up and repair mode, it’s best to contact your insurance company before doing anything else. This allows your agent to advise you on a repair plan that adheres to the terms of your policy. Gather as much information as you can about your policy, including how much time you have to file a claim. It’s going to be a busy time!  Most insurers will advise that once you file a claim, you’ll likely wait a few days or even weeks before an adjuster contacts you to schedule an inspection. The earlier your claim is in, the better, as claims are prioritized by first-filed and most severe.

Make Temporary Repairs

After contacting your insurer, you should begin making temporary repairs to secure your property. This might include boarding up broken windows, placing tarps over holes in the roof, and/or drying out wet items to prevent mold. Take photos and video of all damage both inside and outside of your home or property before any clean-up or repair efforts are made. Keep receipts for materials used and keep a record of all repairs made. It is important to know that payments for temporary repairs come out of the total settlement amount of your claim, so now is not the time to make extensive or permanent repairs. Property insurance policies typically require that you make repairs to mitigate further loss.  BUT, you will not want to start those renovations before the insurer can conduct an inspection of the property.  It is critical that you wait until after meeting with your claims adjuster to begin final repairs.

If You Need to Relocate/Evacuate

If you are unable to live in your home due to the storm damage, your insurance policy may cover reasonable additional living expenses. These expenses can include hotel rooms, gas, meals and even clothing and other necessities. Be sure to keep records and receipts from all expenses you pay out-of-pocket while you are displaced. Sometimes insurance companies will advance the money to you but regardless, you will be required to provide proof of how the money was spent.

Filing a Claim

Once you’ve notified your insurance company of your claim, the insurer will assign and send out an adjuster to inspect your property.  Generally, an adjuster will inspect your property within 2-4 weeks. In the meantime, you will need to thoroughly document your losses and get ready for their visit.  And don’t forget, make emergency repairs and mitigate any further damages, if necessary, but do not complete unnecessary repairs before the insurer’s inspection takes place!

You will want to begin making a list of damaged items, along with specific product description information and estimated value, immediately. The more detailed the information you can provide, the smoother the process is likely to go. Again, take photos and/or video of all damage and do not throw anything away until the adjuster has seen it. During their visit, the adjuster will inspect the damage, take photos and measurements, and provide instructions on submitting receipts for emergency repairs and reimbursements. They should also go over the claims process and an itemized claim estimate with you. Be sure to ask any and all questions you have, and do not be afraid to contact them to follow-up.  

Obtain written estimates from licensed contractors on repair costs. You ALWAYS want at least one (preferably two or three) independent estimates, as insurance companies make their profits by delaying, denying, and/or low-balling claims.  Ensure the bids are detailed and include information such as materials to be used and prices on a line-by-line basis. Once you find a contractor and a bid you like, your adjuster will need to approve the cost. Never pay in advance of work being performed, and never sign your insurance check over to a contractor. 

Get Help from a Legal Professional

If you need help navigating the difficult maze of delayed or denied property insurance claims after Hurricane Ian, the Law Offices of Heather D. Lee may be able to assist you.  

Often, when a property insurance claim is denied, people turn to a public adjuster for help. However, most public adjusters charge contingent-fees similar to an attorney’s fees. And when your public adjuster cannot get a fair settlement of your claim? Well, they’ll leave you looking for an attorney to file a lawsuit. Don’t waste your time and valuable funds. Go directly to the assistance you need now.

The Life & Property Insurance Law Offices of Heather D. Lee provide free consultations on all potential cases.  As a Florida native, Attorney Lee knows how devastating the aftermath of hurricanes and other major storms can be. You don’t have to go through this nightmare alone.  We are here for you, Florida. 

#floridastrong

Attorney Heather D. Lee Admitted to U.S. District Court for the Eastern District of New York

Heather D. Lee, Esquire Beneficiary Disputes, Delayed Life Insurance Claims, Delayed Property Insurance Claims, Denied Life Insurance Claims, Denied Property Insurance Claims, ERISA, FEGLI, Filing Your Life Insurance Claim, Law Offices of Heather D. Lee, Life & Property Insurance Lawyer , , , , , , , , , , ,

It is an honor and a privilege to announce the admission of Attorney Heather D. Lee to the U.S. District Court for the Eastern District of New York. Attorney Lee represents insureds and beneficiaries in pursuit of wrongfully delayed and denied life insurance claims, as well as homeowners, renters and other property insurance claims, life insurance beneficiary disputes and interpleader actions.

The Law Offices of Heather D. Lee serve clients in the States of New York, Florida, Pennsylvania, and Colorado. Attorney Lee looks forward to representing the firm and her clients in the Eastern District of New York. She is also admitted to practice in federal court in the Northern District of Florida and the Eastern District of Pennsylvania.

What You Need To Know About Filing Your Life Insurance Claim

Heather D. Lee, Esquire Beneficiary Disputes, Delayed Life Insurance Claims, Denied Life Insurance Claims, ERISA, Filing Your Life Insurance Claim, Law Offices of Heather D. Lee, Life & Property Insurance Lawyer, Life Insurance, The Life Insurance Lawyer , , , , , , ,

You’ve recently lost a loved one, you’re overwhelmed with sadness, with the tasks of preparing for the burial service, handling the deceased’s final affairs, and now you have to file a life insurance claim.  The last thing you want to worry about is how best to deal with the life insurance company’s claims process.  Maybe you even need the life insurance benefit to pay for the funeral.  You call the life insurance company and are told that it could take 30-60 days to investigate the claim.  Now what?

Fortunately, most funeral services can proceed through an assignment of the life insurance benefit to the funeral home.  This is done by signing a document which assigns an amount of the life insurance benefit sufficient to satisfy the funeral home bill, after which the remainder of the proceeds, if any, will be paid to the beneficiary.  Unfortunately, though, more than 5,000 life insurance claims are denied every year in the U.S., sometimes leaving the beneficiary responsible for paying the funeral bill.

Many people don’t even know that life insurance companies can deny a life insurance claim.  The purpose of having a life insurance policy is to ensure that the designated beneficiary receives a specified amount of money upon the death of the insured.  It’s that simple, isn’t it?  Not quite.  Like with any insurance contract, there are complicated provisions and exclusions in life insurance policies, and applicable state and federal laws that can interfere with an anticipated claim payment.  Sadly, life insurance is a business, and life insurers maximize their profits by denying as many claims as possible.  A large percentage of denied life insurance claims are wrongful, and many of those claims are never disputed.  It’s a win-win for the life insurance company when a beneficiary gives up on a denied life insurance claim.

To protect yourself from the beginning, you should keep a few things in mind.  First, contact the life insurance company immediately, and notify it that the insured has passed away.  If the life insurance benefit was obtained through the insured’s employment, contact the employer for claim instructions.  The employer may instruct you to contact the life insurer directly, or it may submit the claim on your behalf.  Either way, you should request that the appropriate claim forms be sent by mail.  You can also download the forms from most insurance company websites.

If, for any reason, you are told that you are not entitled to claim the life insurance benefit, submit your request for the claim forms in writing or download the forms from the company’s website, if possible.  This could occur for several reasons, but most commonly because the life insurance company claims you are not the designated beneficiary, the policy has allegedly lapsed for nonpayment, or it has not yet taken effect.  Do not let the insurance company deter you from filing a claim.  Always Always ALWAYS file your claim and get a written explanation of the denial.  This will assist a life insurance lawyer in evaluating your denied life insurance claim.

To file your claim, you will need the insured’s death certificate, the claim forms, and a copy of the policy if you have it.  If you cannot locate the policy, that’s okay.  In certain cases, the life insurer may require that you submit a police report or other accident report, an autopsy report, a medical authorization form, or other supporting documents.  You will want to submit the death certificate and claim forms as soon as possible, and the life insurance company will notify you if any other information is required to process the claim.

Once you’ve submitted your life insurance claim, follow-up frequently for status updates.  Most life insurance claims should be processed within 30 days.  If an insured passes away within two years of the policy’s effective date, or if the policy is an accidental death policy, the life insurance company may request additional time to investigate the claim.  Even then, your claim should be paid within 60 days.  Life insurance companies benefit from delaying payments, so remember that the squeaky wheel gets the oil.  Keep calling, and make sure you know what’s happening with your claim at all times.

The most important thing, and I repeat, the most important thing to know is this: life insurance claims are denied all the time.  It is critical that you keep a complete record of all communications with the insurance company until the claim has been paid in full.  Keep a file folder of all documents submitted to the life insurance company and also all documents received from the company.  You should keep a log of all telephone calls, and include the dates and times of the calls, the names of the agents you spoke with, and notes about what the agent told you during each call.  Write down the agent’s direct quotes if possible.  Keeping good records can make the difference in whether a life insurance attorney decides to pursue your case, and ultimately whether your life insurance claim is paid.

Finally, if your claim is delayed for more than 60 days, or if it is denied for any reason, contact a life insurance lawyer without delay.  This is especially true for life insurance policies obtained through the insured’s employment because these claims are governed by ERISA, a federal statute with strict appeal deadlines.  ERISA appeals should always be filed with the assistance of an experienced life insurance attorney, as any future lawsuit will likely be limited to the appeal file, meaning no new evidence can be introduced at trial.  In all cases, policy limitations and/or state law will require that a lawsuit be filed within a certain time frame, and missing a filing deadline will forever bar your claim.

The Life & Property Insurance Law Offices of Heather D. Lee is a multi-state law practice offering free consultations and low contingent fees on all delayed and denied life insurance claims.  Please visit http://www.life-insurancelawyer.com for more information about how we can help collect your delayed or denied life insurance claim with no up-front costs for you.

Life & Property Insurance Law Offices of Heather D. Lee Now Serving Colorado & Florida

Heather D. Lee, Esquire Beneficiary Disputes, Delayed Life Insurance Claims, Delayed Property Insurance Claims, Denied Life Insurance Claims, Denied Property Insurance Claims, ERISA, Federal Employees' Group Life Insurance Act, FEGLI, Insurance Settlements, The Life Insurance Lawyer , , , , , ,

The Life & Property Insurance Law Offices of Heather D. Lee is now serving clients throughout the States of Colorado and Florida.  If you are an insured or beneficiary whose life insurance proceeds are being withheld during a difficult time, let us handle the life insurance company so that you can focus on recovering, and on your family.

Attorney Heather D. Lee offers free case evaluations and low contingent fee arrangements on all cases.  That means you can obtain quality legal representation without worrying about how to afford an attorney.  If we are unsuccessful in collecting your delayed or denied life insurance claim, you will owe no legal fees whatsoever.  Contact Us today at (800)403-5710 or visit www.life-insurancelawyer.com for more information about our law practice.

The Life & Property Insurance Lawyer Expands to the Great State of New York

Heather D. Lee, Esquire Beneficiary Disputes, Delayed Life Insurance Claims, Denied Life Insurance Claims, Employee Benefits, Federal Employees' Group Life Insurance Act, Insurance Settlements, Lapse For Nonpayment, Law Offices of Heather D. Lee, Life Insurance , , , , , , , , ,

We are proud to announce that the Life & Property Insurance Law Offices of Heather D. Lee is now serving New York.  Founder and life insurance attorney Heather D. Lee visited Albany this week to attend the Supreme Court of New York’s admission ceremony.

New York Life Insurance Lawyer

The more we expand, the greater number of people we can protect against wrongfully delayed and denied insurance claims.  If your life or property insurance claim has been delayed or denied, the Law Offices of Heather D. Lee may be able to assist you.  We provide free consultations on all potential cases, so you have nothing to lose and everything to gain by contacting us.

Visit our websites at www.life-insurancelawyer.com for more information, or call us at (800)403-5710 to speak to a life insurance lawyer now.

Insurance Consumers Win As Companies Are Made To Pay For Unfair Practices

Erica S. Gelfand, Esq. Delayed Life Insurance Claims, Denied Life Insurance Claims, Insurance Settlements, Law Offices of Heather D. Lee, Life Insurance, The Life Insurance Lawyer , , ,

Insurance consumer advocates have won another big battle recently, as the insurance regulatory agencies from Illinois, Indiana, Texas, Pennsylvania and Florida finalized a settlement with Bankers Life and Casualty Company.  Pursuant to the terms of the settlement agreement, the insurance company must pay a fine of $3.2 million for its failure to comply with regulatory recommendations imposed following an investigation of its practices in 2007.

The investigation found fault with many aspects of Bankers Life’s policies and procedures, including the company’s claims handling practices, and it ultimately led to the issuance of various recommendations to bring Bankers Life into compliance with states’ insurance regulations.  The 2012 review of the company’s progress revealed that it had failed to bring claims investigation, denial, and settlement procedures into compliance with the 2007 recommendations, specifically in the annuities, long-term care, and life insurance lines of business.

The settlement agreement reached with Bankers Life is just one of many recent settlements between state insurance regulatory agencies and insurance companies.  This trend is an important step forward for insurance consumers, as it shows that states are no longer willing to let insurance companies get away with unfair and misleading claims handling practices.  If your claim has been delayed or denied, you should consult with an experienced life insurance attorney to ensure that you are not a victim of non-compliant or abusive insurance practices.

To review the 2007 and 2012 agreements, visit http://insurance.mo.gov/Contribute%20Documents/conseco-bankers_Stip.pdf and http://insurance.illinois.gov/newsrls/2012/11/BankersExecutedRSA.pdf.

Don’t Let the Not Necessarily Limiting ‘Suit Limitation’ Clause Deny Your Rightful Claim

Erica S. Gelfand, Esq. Delayed Life Insurance Claims, Denied Life Insurance Claims, Insurance Settlements, Law Offices of Heather D. Lee, Life Insurance, The Life Insurance Lawyer , , ,

Insurance policyholders face many hurdles when a loss occurs.  One such hurdle involves the time in which a law suit must be filed after the insurance company denies your claim.  Suit limitation clauses greatly reduce the time-period to pursue even an illegitimate insurance claim denial.  While the Statute of Limitations for a breach of contract claim typically runs for 6-10 years (depending on the applicable state law), suit limitation clauses may reduce this window to as little as 12 months.  This is particularly problematic because limitation provisions are buried deep within lengthy, complex insurance policies and fail to provide actual and sufficient notice to policyholders.

Though a suit limitation clause functions much like a Statute of Limitations, in that both provide a specific time-period in which a suit may be brought, the difference between the two is important to note.  Significantly, a suit limitation clause is a condition imposed by contract, rather than by statute or law.  Therefore, the application or enforcement of a suit limitation clause may be challenged.

Like most issues relating to insurance policies, the law governing a contract’s suit limitation clause differs from state to state.  The majority of jurisdictions uphold such provisions, though some have not.  In those states where limitation clauses are considered valid, certain restrictions may be imposed on their use, with some states providing more protection for insured parties than other states.  Illinois, for example, extends the contractual limitation by the amount of time the insurance company takes to process the claim.  In other words, the period of time in which an insured may bring a law suit “tolls” for the number of days that pass from the filing of the claim to the date of the denial.

Further, states may provide additional protection against statute limitation clauses in the form of applying a notification requirement.  In Illinois, an insurance company waives its right to impose a time limitation clause if the denial notice does not include the remaining time-period for bringing a law suit.  The rules in Pennsylvania are less protective, on the other hand, with courts finding that a denial letter does not necessarily need to specify the amount of time to bring suit in order for a limitation clause to apply.

The effect of suit limitation clauses can be devastating to policyholders whose claims have been illegitimately denied, giving an insurance company the incentive to delay processing of the claim, and ultimately, the ability to escape liability.  If your insurance claim has been delayed or denied, you should speak to an insurance attorney immediately.  Even if you think too much time has passed to dispute your wrongfully denied claim, we may be able to help collect the life or property insurance proceeds you deserve.