What should you do if your life insurance claim has been denied?
The attorneys at Life Insurance Law work to recover full compensation for life insurance beneficiaries in Hawaii. If your life insurance claim has been denied or delayed, contact us today for a free case evaluation.
Our life insurance lawyers live and work in Hawaii. You can expect the following from your Hawaii life insurance lawyer:
- A free case evaluation where we go over the facts of your claim in detail.
- Explanation of all legal terms and documents.
- An attorney who will contact your provider to get a delayed claim paid fast.
- Full disclosure on court costs and attorney fees before you agree to retain counsel.
Many claims will be denied by providers based on material misrepresentation. This means that the policyholder provided false information, such as age or health history, that makes the policy invalid. In these cases, a Hawaii life insurance lawyer can help you appeal the decision and may still be able to recover the full amount of your claim.
How do state insurance laws in Hawaii protect you?
The U.S. Constitution gives the federal government the power to regulate interstate commerce. In the case of life insurance policies, the federal government has largely allowed the states to take the duties of regulating the insurance industries and of providing consumer protection.
The state of Hawaii has life insurance laws to help protect consumers. Here is a summary of some of these Hawaii life insurance laws. Of course, you should definitely contact us to discuss your case specifically and see how state laws impact your particular situation.
Title 24 of the Hawaii Revised Statutes (Chapter 431-435) is the primary regulating force behind the insurance industry within the state of Hawaii, but other legal provisions have also been adopted as consumer protection laws. The Insurance Division of the Hawaii Department of Commerce and Consumer Affairs provides oversight for the insurance business in the state.
The most important rules that may apply in your case are:
- The “free look” period. Any Hawaii resident buying a life insurance policy has 10 days to back out of coverage and receive a full refund of any premiums he has paid. No penalty can be charged for backing out of the contract during the free look period. Some insurance companies may grant a longer period, but the law guarantees you will at least ten days to change your mind.
- 30-day payment grace period. This ensures that a Hawaii life insurance policy cannot be canceled due to a reasonably late payment. The policyholder has 30 days to make the payment, during which time the provider cannot cancel the policy or deny coverage.
- Protection of personal information. State laws require that insurance companies safeguard your personal information and protect your privacy. If you request the release of your medical information to a third party, your insurer must honor that request within a reasonable time period (typically 30 days).
- Timely payment on claims, with interest. When a life insurance claim is filed, a Hawaii insurance provider is required to pay the amount to the beneficiary within a reasonable period. The law does not define what “reasonable” means in this context. Failing to settle claims in a prompt, fair, and equitable manner can result in serious penalties against the insurer. Payments are typically made within a month after the provider receives proof of death. To encourage prompt settlements, interest begins accruing on the unpaid benefit, beginning at the death of the insured person.
- Your benefits are guaranteed even if the insurer goes out of business. Life insurance policies that are current are backed by the Hawaii Life and Disability Insurance Guaranty Association. You must be up-to-date on paying your premiums, and the insurer must be properly licensed to operate in Hawaii. In the event that your life insurance company becomes insolvent, we can work with the Guaranty Association to compensate your policy. This guarantee is limited to $300,000 maximum for lost death benefits and $100,000 maximum for lost cash surrender, even if the deceased person was insured for a larger amount or covered under multiple policies.
Why you should work with us
The attorneys at Life Insurance Law work with clients across the country to recover denied and delayed life insurance claims. Whether we agree on a settlement or take your case to court, our attorneys will fight for your best interests every step of the way.
If your insurance claim has been denied or delayed, call our offices today to get advice from a Hawaii life insurance attorney.