Death claim denial

[LindaLu]

My recent ex-husband (20 yrs)suffered stroke on 9/15 and passed away at 53 yrs old. He had paid on a $100K term policy for many years. We divorced in Feb. Sold home moved in May. May payment made as usual by automatic payment. He stored his things at friends house and went to Texas for 2 months. Insurance co. sent him several notices and changed to direct billing during this time. I do have a letter dated July saying he had asked for change of address. Policy lapsed 9/3/00 including grace period. He never changed his will or the policy as I am the beneficiary. Insurance co. even offered him free payments to keep policy in force. His mental state was not good. Neurologist said brain scans showed history or previous strokes which answered many questions regarding his behavior. He right arm was almost paralyzed and he couldnt use it. He had lost his job, had several accidents, not paid his bills for 6 mos. etc. So it is a $67.50 payment or 12 days from collecting on the policy. I mailed in a payment of $67.50 which the insurance co cashed but then sent me back their check saying they couldnt accept payment on a lapsed policy which I have not cashed as of yet. Is there a case here? I received a letter of denial and have 60 days to respond to ask for a review of this.

 

[ALawyer]

In the hands of a VERY good insurance lawyer -- and I'd look for one who deals in Insurance Bad Faith -- there is a decent shot for payment of some or all of the proceeds. To the extent the insurance company made changes in its procedures without his agreement, or owed YOU a duty (perhaps as an owner, or irrevocable beneficiary, or under divorce decree) so much the better, and if there was a disability waiver of premium provision that's better still.

Look at the state you and he lived in first.

AttorneyPages.com has some of the very best insurance company bad faith lawyers in the country listed. And ask several lawyers, even out of your area.