Louisiana ERISA Life Insurance Lawyer
If your loved one recently died, you may have a lot of financial business to take care of in addition to dealing with your grief. At such a sensitive time, the last thing you may want to worry about is whether the life insurance company accept your loved one’s claim or not. If a deceased family member paid all their premiums on time and in full, it could be quite a shock to receive the news that the life insurance company has denied your claim for the benefits. However, if you do find yourself in this situation, a dedicated Lousiana ERISA life insurance lawyer could be able to help by working to avoid having your claim be delayed or denied.
Contact an injury attorney who is well-versed in life insurance laws and regulations. Attempting to navigate the legal system and fight for an accepted life insurance claim can be overwhelming, especially for a person trying to deal with the loss of a loved one. Schedule an appointment for a legal consultation today.
Life Insurance Companies and Good Faith
Although it may seem that insurance companies have little regulatory oversight on their decisions, there are laws that typically stipulate how they must act and how they may treat claimants and their beneficiaries. The majority of employer-provided insurance plans in the private sector, including life insurance plans, which must typically adhere to the guidelines established by the Employee Retirement Income Security Act of 1974 (ERISA).
Additionally, as per Louisiana Revised Statute §22:1973, insurance companies in Louisiana are typically mandated to act in good faith and fair dealing when reviewing and servicing a claim as well as when they are in communication with their insureds. Based on this law, insurance companies are generally legally and ethically obligated to review and either accept or deny claims in an efficient and timely manner. They may also be required to put forth a reasonable effort in resolving claims. If they do not, a claimant could hire a Louisiana ERISA life insurance lawyer and pursue legal action. The insurance company may also be held accountable at the state level.
When Might a Life Insurance Denial Be Illegal?
Insured parties and their beneficiaries should typically understand that not every claim reduction or denial is based in “bad faith.” For their actions to qualify as such, the insurance company must typically have intentionally unfairly adjusted, denied, or settled a claim.
Examples of how insurance companies could act in bad faith are generally based on guidelines laid out by ERISA as well as state statutes in Louisiana. These may include:
- Distorting important truths or insurance policy provisions about coverage for a claim
- Not paying a settlement within the 30-day deadline after reaching an agreement
- Denying coverage or attempting to settle a claim that the insurance carrier knows was changed without the knowledge or consent of the life insurance claimant
- Deceiving a claimant as to when legal proceedings may commence
- Not appropriately paying a claim within 60 days after receiving satisfactory proof of loss from the claimant
Let a Louisiana ERISA Life Insurance Attorney Help
When an insurance company acts in bad faith, they should be held accountable for their actions. In most cases, though, an insurance company may not be held responsible for acting this way unless a claimant takes action. The best way to take action may be to hire a qualified attorney to represent you in the matter. Contact a seasoned Louisiana ERISA life insurance lawyer who could help advocate on your behalf. Call to schedule a consultation today.