Florida Life Insurance Claim Lawsuit

Life insurance is supposed to provide financial security to loved ones after someone passes away. But for many families in Florida, the process isn’t always smooth. Claims are sometimes delayed, underpaid, or even outright denied—leaving grieving families to fight for what was promised. When this happens, a Florida life insurance claim lawsuit may be the only option.

At the Law Offices of Jason Turchin, we represent beneficiaries throughout Florida who are struggling to collect life insurance benefits. Whether your claim was denied, delayed, or caught in a legal dispute, we can help you understand your rights and take legal action when necessary.

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When Can You Sue for a Life Insurance Claim in Florida?

Florida law allows life insurance beneficiaries to file lawsuits when the insurance company wrongfully denies, delays, or underpays a claim. Some of the most common reasons we see for life insurance lawsuits include:

• Claim denied for alleged material misrepresentation
• Death occurred during contestability period and claim was denied
• Insurer claims policy lapsed due to missed payment
• Beneficiary designation is being disputed
• Accidental death benefits denied
• Policy exclusions cited (intoxication, suicide, felony, etc.)
• Multiple parties claim the same benefit (interpleader)
• Unreasonable delay in processing a valid claim

In each of these situations, a Florida life insurance attorney can help assess your case and file a lawsuit if the insurance company refuses to pay fairly.

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Understanding Florida Life Insurance Law

Florida has several statutes and legal doctrines that apply to life insurance disputes:

1. Contestability Period (Fla. Stat. § 627.455)

Most life insurance policies in Florida have a two-year contestability period. During this time, the insurer can investigate and deny claims based on alleged misstatements in the application. After the two years pass, it becomes much harder for the insurer to deny coverage unless fraud is proven.

2. Grace Period for Premium Payments (Fla. Stat. § 627.453)

Florida requires life insurance policies to provide a grace period—typically 30 days—for missed payments. If the insured dies during the grace period, the policy may still be active.

3. Automatic Revocation of Ex-Spouse Beneficiary (Fla. Stat. § 732.703)

Unless reaffirmed post-divorce, a beneficiary designation for an ex-spouse is usually considered revoked in Florida.

4. Bad Faith Insurance Claims (Fla. Stat. § 624.155)

If the insurance company handles your claim unfairly, Florida law may allow you to sue for bad faith. This could entitle you to damages above the face value of the policy.

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Real Case Example – Denial Over Prior Medical History

We represented the family of a man in Orlando whose life insurance claim was denied. The insurer alleged he had failed to disclose a history of COPD on the application. However, he had was not educated and may not have understood what COPD meant.

The insurer attempted to rescind the policy based on a vague underwriting question. We filed a lawsuit, citing Florida’s definition of “material misrepresentation”. The case was settled before trial, and the family received compensation under the policy.

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How to File a Life Insurance Lawsuit in Florida

If your life insurance claim was denied or you’re caught in a dispute, here’s how the process typically works:

Step 1: Claim Review

We can review the denial letter, policy, beneficiary designation, application, and any other relevant documents.

Step 2: Demand Letter

In many cases, we first send a formal demand letter to the insurer, outlining why their denial or delay is improper. This step may resolve the issue without a lawsuit.

Step 3: Filing a Complaint

If the insurer refuses to pay, we can file a lawsuit in the appropriate Florida state or federal court. The complaint outlines the facts of the case and legal claims against the insurer.

Step 4: Discovery

We may obtain evidence from the insurer, including internal claim notes, underwriting files, and communications. We may also depose insurance representatives.

Step 5: Negotiation or Trial

Many life insurance lawsuits settle before trial. However, we prepare every case as if it’s going to court to ensure we’re ready for any outcome.

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Where We Handle Life Insurance Lawsuits in Florida

Our firm can represent clients in every part of the state, including:

• Miami
• Fort Lauderdale
• West Palm Beach
• Orlando
• Tampa
• Jacksonville
• Naples
• Pensacola
• Boca Raton
• Tallahassee

No matter where in Florida the insured lived—or where the beneficiary resides—we can help.

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Common Defenses Insurers Raise in Florida

Insurance companies will often try to justify denials using legal or technical arguments, including:

• “Material misrepresentation” in the application
• Policy lapsed due to nonpayment
• Exclusion for suicide, intoxication, or illegal activity
• Beneficiary form was invalid or improperly changed
• Death occurred during contestability period
• Interpleader filed due to multiple claims

Our job is to anticipate and counter these defenses through evidence, legal research, and strategic argument.

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FAQs – Florida Life Insurance Lawsuits

Can I sue if my life insurance claim was denied in Florida?

Yes. If the denial was improper or based on questionable grounds, Florida law may allow you to file a lawsuit to recover the benefits.

How long do I have to file a life insurance lawsuit in Florida?

The general statute of limitations is five years from the date of denial. However, it’s best to act quickly, as delays can harm your case.

What if the policyholder died outside Florida?

If the beneficiary, insurer, or policyholder has ties to Florida, you may still be able to file here. We can help determine the right venue.

What happens if multiple people claim the money?

The insurer may file an interpleader and ask the court to decide. We can represent clients in interpleader actions to help them secure their rightful share.

Will I have to go to court?

Not necessarily. Many lawsuits settle out of court. However, we’re fully prepared to take your case to trial if needed.

What if the insurer acted in bad faith?

You may be entitled to damages beyond the policy amount, including interest and attorneys’ fees, under Florida’s bad faith laws.

Can you help with ERISA-governed group policies?

Yes. While ERISA is federal law, we regularly handle these cases and can help determine whether federal or state court is appropriate.

Do you charge fees up front?

No. We usually work on a contingency basis—meaning you pay no fees or costs unless we recover money for you.

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Talk to a Florida Life Insurance Attorney Today

If your life insurance claim has been denied, delayed, or underpaid in Florida, don’t let the insurance company call the shots. You have legal rights—and we’re here to help you assert them.

At the Law Offices of Jason Turchin, we’ve helped countless families across Florida recover millions in unpaid life insurance claims.

Call (800) 337-7755 or visit VictimAid.com to schedule your free consultation.