What happens if the insured person dies?
Once proof of the death is submitted to the insurance company, and it
is clear that the necessary premiums to keep the policy "in force" were
paid to the date of death, the life insurance company should promptly
pay the benefits, assuming that everything is in order and the policy
has been in effect for at least two years. (Once the policy is at least
two years old it is beyond the "incontestable period" and must be paid,
except in extraordinary circumstances.)
Even if premiums on the
policy were not currently being paid, the policy may have been in a
"paid up" status, and thus remained in force, or the company may have
failed to send the necessary notices of cancellation, or be able to
prove it had sent such notices, in which case it may be possible to
recover on the policy.
Typically the beneficiary -- the person
who is entitled to receive the benefits -- provides the insurance
company with the "proof" of the death required by the policy. A
certified copy of the death certificate (typically with a "raised seal"
from the County Clerk's Office) and the life insurer's claim form are
normally sufficient, but it is necessary to file them; just because the
company may have been able to read about the death in the papers, or
also was the health insurer, is not sufficient.
Processing a
policy death claim should take only one to four weeks from the time the
insurer's claims office has all the needed paperwork in the standard
case, if it does not, you may have a problem case or an insurer acting in bad faith.
What am I required to do when I have a claim?
Every insurance policy specifies certain duties that an insured must
perform after a loss has occurred. The exact duties vary among
different policies and will be different for property damage claims
than for liability claims. These duties are usually included in the
section of the insurance policy entitled "Conditions," since failure by
the insured to perform one or more of these duties could relieve the
insurance company of its obligation to pay the claim -- i.e., the
insured's duties are a contractual "condition" of the insurance
company's obligation to perform its duties under the policy.
Policies
usually require an insured to give "prompt notice" of any loss,
including basic information about what property was damaged or the time
and place of an accident or injury. If there has been property damage,
the insured will be obligated to take reasonable steps to protect the
property from further damage. If there is a theft loss, policies often
require that the police must be notified. In the event of a liability
claim, you must promptly send the insurance company copies of any
notices or other legal papers you receive. For a claim under a life
insurance policy, you may be required to provide a copy of the death
certificate for the insured person. Almost all property and liability
policies contain a general requirement that the insured must cooperate
with the insurance company in the investigation, settlement or defense
of the claim.
Do I need a lawyer to help me file a death claim?
Usually not, unless it falls into one of the circumstances outlined
below. However, if you think there may be a problem, or the policy is
very large (or the estate is subject to Federal Estate Tax
in which case it may be wise to ask tax counsel if a "disclaimer" might
help reduce estate taxes before filing the claim) consulting a lawyer
who knows insurance law would be wise.
Also, instead of taking
large amounts of proceeds in a "lump sum" -- whether through the
insurer's "checkbook instead of a check" program now used to pay larger
sums of benefits by most life insurers in the United States (the
concept was invented by the Chairman of FreeAdvice.com in 1983) or in a
single check -- you may want to ask an attorney to find a neutral
financial planner who could honestly explain some of the valuable
settlement options that may be available to you as a beneficiary.
The
checkbook instead of a check programs (and other settlement options)
usually pay higher rates, with no commissions or fees (which is why
some agents and brokers do not like people to consider them), and in
some states also protect the proceeds from possible claims of creditors.
Can a life insurance company deny a claim on a valid policy if the insured dies?
Yes. Apart from fraud in the inception of the policy, or fraud by
substitution, the most common ground life insurers use to deny claims
is that there was a "material misrepresentation" in connection with the
insurance.
The material misrepresentation may occur in the
original application for the insurance or in an amendment to the
application or in an application for reinstatement for Individual or
Group Life cases, or in an application for late enrollment in a Group
case.
A material misrepresentation sufficient to deny a claim
can not be just any misstatement. (For example, if you said you had
green eyes but the company would say they are hazel, that would NOT be
material.) Under many states' laws, a material misstatement is one that
if fully and truthfully disclosed would have led to a refusal by the
insurer to issue the policy, at least on the terms and conditions it
issued the policy.
While a material misrepresentation can be
made about almost anything the application seeks to uncover, such as
the applicant's occupation, employment history, age, income, other
insurance in force, prior applications for insurance, insurance claims
made, cigarette smoking or tobacco usage (and other slow suicide
attempts), driving record or tickets, drinking, hobbies, piloting or
flying in non-commercial aircraft, etc, the most commonly charged
misrepresentations involve an applicant's state of health and medical
history.
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