Ohio Denied Life Insurance Claim AttorneysIn Ohio, denied life insurance claims are either governed under state law or federal law depending on the type of life insurance policy. If there was a private life insurance policy, not affiliated with any employer sponsored benefits - then a denial of a life insurance claim will be governed by state law in Ohio. If the life insurance policy was affiliated with or sponsored by the policyholder's employer, then it is probably governed by the federal law known as the Employee Retirement Income Security Act of 1974 (ERISA). The attorneys at Harris & Engler help clients all over Ohio who are beneficiaries who have been denied life insurance payouts. The attorneys at Harris & Engler help clients with either state law governed or ERISA governed life insurance claims that are denied. The law firm of Harris & Engler is located in Columbus, Ohio, and its attorneys practice ERISA law and denied life insurance claims all over Ohio.
This article focuses mostly on the ERISA federal law governed life insurance claims that are denied because most life insurance policies that are part of a group term life insurance policy, or any other group life insurance policies are governed by the federal law known as ERISA. ERISA controls what needs to happen in order to appeal a denied benefit, and how and what benefit information must be communicated to the insured. It is almost always more advantageous for a life insurance policy to be governed under State law than under ERISA.
How to tell if your life insurance policy is governed under ERISAIn general terms, if the life insurance policy was provided by the employer as part of an employee benefits package then it is governed by ERISA. You may need to consult with an attorney in order to determine whether the policy is governed under ERISA or State law. Many employers provide accidental death insurance policies or group life insurance policies for their employees and most life insurance policies are part of a employee welfare benefit package. This is unfortunate, because it is much more advantageous for the life insurance beneficiaries to have the life insurance policy governed under state law.
What to do if your life insurance benefit claim has been deniedThe first thing you need to do if your life insurance benefit claim has been denied is to retain a life insurance denial attorney. The attorneys at Harris & Engler help clients in Ohio with denied life insurance claims whether they are through private insurance or employer sponsored plans. Most denied life insurance claims fall under the federal law umbrella of ERISA. ERISA is a very complex area of law, and you need an experienced ERISA litigation attorney in order to have the best shot at getting your denied life insurance claim overturned. You can contact an experienced ERISA life insurance claim denial attorney at Harris & Engler. Most ERISA litigation attorneys charge a contingency fee, which costs you nothing unless you win your case. However, because most life insurance policies are governed under ERISA, you only get one chance to do things right and an ERISA litigation attorney to give you the best chance to get your life insurance claim denial overturned.
Under ERISA governed life insurance claim denials the beneficiary must exhaust administrative remedies before they may proceed to file a federal lawsuit against the insurer to try to recoup the benefit amount. In order to exhaust administrative remedies, you must comply with the terms of the life insurance policy and file an appeal of the denied benefit with the insurance claim. If you end up having to go to federal court to try to get your benefits, then the federal judge can only decide the case based on the administrative record, which makes the administrative appeal critically important. A life insurance company may deny the claim for benefits for a number of reasons. The administrative appeal process may be the last and only opportunity to present evidence that supports the fact that you were wrongfully denied benefits. This may include submission of relevant medical documentation from the deceased and any other supporting documentation that counters the insurance company's reasoning for the denial. If the administrative appeal again denies your claim for life insurance benefits then the next step is generally to file a federal lawsuit, for which you will need an experienced ERISA litigation attorney.
Attorneys For Life Insurance Claim DenialsIf you are involved in a dispute with a life insurance company over denied life insurance benefits you can speak to an attorney about your case today by calling (614) 610-9988. The law firm of Harris & Engler helps clients across Ohio with denied life insurance claims. Whether your life insurance policy is governed under the law of the State of Ohio, or the federal law known as ERISA, an attorney at Harris & Engler can help.