Michael Bartolic and Michelle Roberts Bartolic are life insurance lawyers who represents individuals with disputes over life insurance and accidental death and dismemberment benefits under ERISA § 502. In addition to claims arising under ERISA, the life insurance lawyers at Roberts Bartolic LLP handle claims against insurers of individual policies as well. The Firm has successfully resolved cases for both the life insurance benefits under the terms of the policy, and claims where benefits would have become payable except for a breach of fiduciary duty, usually a misrepresentation. In one recent case, an insurer denied a $500,000 accidental death claim because the insured overdosed from cocaine, arguing the death was not “accidental” because the insured should have known death could result. Our life insurance claim lawyer was able to get the insurer to pay the claim in full. In another case, an insurer denied a claim for life insurance benefits because the insured’s coverage lapsed while she had stage IV pancreatic cancer, and the Firm successfully resolved the matter on behalf of the beneficiaries. The Firm also fully recovered accidental death insurance benefits under three separate policies for the beneficiary of an insured who died of an accidental fall while in hospice care where the insurer argued the illnesses contributed to the accidental fall.
Life and accidental death insurers often deny claims, relying on an obscure exclusion within the policy. Insurers may assert that the death or injury was the result of a voluntary act or injury, rather than an accident. Alternatively, insurers will deny claims because they claim the injury or death was caused by a negligent third party, such as in medical malpractice. When your claim is denied, a good life insurance lawyer it is not the end of the road. Your claim may have merit.
When ERISA governs these claims, the claims process is vastly different than when ERISA does not apply. ERISA coverage will limit your ability to use evidence supporting your claim, give you limited rights to appeal an insurer’s denial of the claim, and deny you any right to give testimony supporting your case after the administrative appeal period lapses. The earlier you get a life insurance lawyer who knows ERISA involved when you face a dispute over life or accidental death insurance proceeds, the higher your odds of success. If you have been denied life or accidental death insurance proceeds, call us today!
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