A New York and New Jersey Lawyer Who Represents Policyholders and Beneficiaries in Life Insurance Denial Cases

A topic that I have written about in the past – and that serves as the number one reason for life insurance denials – is material misrepresentations in the application.

In most states, a life insurance company can deny payment on a policy if it discovers a misrepresentation in the application that is “material” – that is, if the misrepresentation is meaningful to the underwriting risk. There is generally a two-year window after the policy is issued in which this type of denial is allowed. Afterwards, the insurer is required to pay the death claim.

Again, there are some exceptions to this rule, but it holds in the majority of states.

I have written a new article on this subject that takes a slightly different twist.

Whereas an earlier article, “The Postclaims Underwriting ‘Gotcha,'” contains practice tips for winning these types of cases, my recent article “Life Insurance Denials Based on Material Misrepresentations: The Application Process, the Law, and Public Policy Collide” focuses on the public policy reasons why these types of denials can be harmful to consumers. As such, it explores the history of the material misrepresentation defense and takes a comparative view of different state’s laws.

If you go to this link to my firm webpage, you can click on the first article listed to read it. It was published in the Insurance Section newsletter of the American Association for Justice.

So take a break from your holiday shopping and enjoy! There’s nothing more exciting than reading about insurance!

 

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