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Accidental Death and Dismemberment Insurance Lawyer

Accidental Death and Dismemberment Insurance Lawyer

No one likes to think about their own death or dismemberment, but since these unfortunate accidents do happen, it is best to plan ahead and ensure your loved ones are financially protected if the worst happens. To ensure financial stability in the event of an accidental death, many people choose to purchase accidental death and dismemberment insurance governed by ERISA.

As its name suggests, this type of policy provides financial benefits to a beneficiary if a policyholder is killed or dismembered in an accident and, if it is provided through your employer, likely reinforced by the Employee Retirement Income Security Act of 1974 (ERISA). Despite the allure of such policies, many individuals find they are unable to obtain the benefits they are entitled to. If this has happened to you or your family, it may be in your—or their—best interest to contact an accidental death and dismemberment insurance lawyer. A compassionate ERISA attorney could advocate for you or your loved ones.

What Does AD&D Insurance Cover?

Accidental death and dismemberment (AD&D) insurance policies provide policyholders and their beneficiaries with a lump sum of money in the event the policyholder dies of an accident or loses their hearing, vision, or limbs. These types of insurance policies are usually purchased in addition to regular life insurance, and they are relatively low-cost when compared to other types of insurance.

Unlike regular life insurance, which provides coverage for all types of deaths, AD&D only provides coverage for certain types of death. AD&D insurance sometimes allows for a scenario known as “double indemnity,” meaning it often pays out up to twice—or sometimes three times—the amount of a normal life insurance policy.

Dealing With Claim Denials

It may be necessary to hire an ERISA accidental death and dismemberment insurance attorney if the insurance company attempts to claim a policyholder caused their own accident or death. This is a common practice meant to deter policyholders from taking legal action.

Insurance companies—even those overseeing plans governed by ERISA—may attempt to avoid paying by alleging the policyholder was killed in one of the following ways, any of which would preclude payment on an AD&D policy:

  • Suicide or attempted self-injury
  • Complications from an existing medical condition
  • Reckless or irresponsible behavior
  • Prescription drug abuse

Some insurance companies may also attempt to prove there is too long of a lapse between the time of accident or death and the date the claim was filed. Dealing with insurance companies can be frustrating, but it is possible to fight back against their deceptive practices.

The Legal Concept of Incontestability

The ERISA insurance claims process can be very confusing, especially for individuals who have never had to deal with a major insurance company before. Often, insurance claims are denied due to a lack of information or missing facts. Important documents can be misplaced or filled out incorrectly, and a single mistake can result in a denial from an insurer.

When a claim is denied due to insufficient information or errors, an ERISA accidental death and dismemberment insurance lawyer may be able to claim incontestability, especially if the insurer continued to collect premiums even after the erroneous information was submitted and processed. This is also a common practice employed by insurers.

Talking to an ERISA Accidental Death and Dismemberment Insurance Attorney

Receiving a denial from an insurance company can be devastating, and many policyholders and beneficiaries feel helpless and confused. Such feelings are normal in the wake of a denial, but it is important to remember you may be able to take legal action against an insurer and obtain the benefits you need to survive. Call an accidental death and dismemberment insurance lawyer today to learn more.

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