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Florida Life Insurance Lawyers
You paid the premiums for years, trusting that your family’s financial future was secure. But when tragedy strikes, life insurance companies often prioritize their profits over their promises. Instead of a prompt payout, beneficiaries are frequently met with endless paperwork, bad-faith delays, or outright claim denials.
At the Law Offices of Jason Turchin, our Florida life insurance lawyers have extensive experience taking on the largest insurance carriers in the nation. Whether you are fighting a denied claim due to alleged “material misrepresentation,” navigating a complex federal ERISA appeal, or dealing with a multi-party beneficiary dispute, we have the litigation experience to protect your rights.
👉 Call (800) 337-7755 today or use our live chat for a free, strictly confidential consultation. You won’t pay any attorney’s fees or out-of-pocket costs unless we successfully recover your benefits.
Why Was My Florida Life Insurance Claim Denied?
Insurance adjusters are trained to look for any loophole to avoid paying a death benefit. Our legal team regularly reviews the following common denial tactics:
1. The 2-Year Contestability Period (Material Misrepresentation)
Under Florida Statute § 627.455, if the policyholder dies within the first two years of the policy taking effect, the insurance company may have the right to “contest” the claim. They can aggressively scour the original application and the deceased’s medical records looking for any material misrepresentation such as failing to disclose a prior medical condition or smoking habit. We can fight back by proving the omission was an innocent mistake, or that it was not material to the application.
2. Alleged Policy Lapses for Non-Payment
Insurers often claim the policy was canceled because a premium payment was missed. However, Florida law requires insurance companies to provide a mandatory “grace period” and send proper, written notices of impending cancellation. If the insurer failed to follow these strict notification rules, we can often force them to pay the claim.
3. Felony Exclusions and the Slayer Statute
Policies often contain exclusions if the insured died while committing a felony or due to an illegal act. Additionally, under Florida’s Slayer Statute (F.S. 732.802), a beneficiary who unlawfully and intentionally kills the policyholder cannot collect the benefits. These cases may require intense investigation and coordination with law enforcement.
Beneficiary Disputes and Interpleader Lawsuits
Sometimes the insurance company admits the money is owed, but multiple people claim they are the rightful beneficiary. This is incredibly common in cases involving divorce, remarriage, or last-minute changes to a will or trust.
Under Florida Statute § 732.703, a divorce generally automatically revokes a beneficiary designation to an ex-spouse, but there are complex exceptions. When disputes arise, the insurance company will typically file an Interpleader Lawsuit, depositing the funds with the court and leaving the family members to fight it out. Our life insurance attorneys can aggressively represent spouses, children, and business partners in these complex federal and state court disputes.
ERISA vs. Private Life Insurance Claims
The legal strategy we use depends entirely on how the policy was purchased:
- Private Policies: If the deceased bought the policy directly from an agent, it is usually governed by Florida state breach of contract laws. If the insurer acts in bad faith, we can sometimes sue them for the death benefit plus attorney’s fees.
- ERISA Policies: If the policy was provided as a benefit through an employer, it is often governed by the Employee Retirement Income Security Act (ERISA). ERISA is a highly restrictive federal law that generally prohibits bad faith lawsuits or jury trials. You must typically exhaust a strict internal appeals process before you can sue in federal court. Having an attorney who understands federal ERISA litigation can be critical.
Why Choose the Law Offices of Jason Turchin?
Taking on a massive life insurance corporation could require a law firm with deep financial resources and a reputation for aggressive litigation. Choosing the Law Offices of Jason Turchin means you could benefit from:
- AV Preeminent® Rated: The highest possible peer-review rating for legal ability and ethics.
- State & Federal Capability: We are admitted to practice in Florida state courts as well as the U.S. District Courts, which is usually required for ERISA and Interpleader cases.
- Probate Lawyer Network: If the life insurance policy defaults to the “Estate,” we can work with probate attorneys to open the estate to facilitate the payout.
- No-Fee Guarantee: We handle life insurance disputes on a contingency fee basis. If we do not recover your benefits, you owe us nothing.
Call us 24/7 at (800) 337-7755. Our Florida life insurance claim lawyers can represent beneficiaries in Miami, Fort Lauderdale, Orlando, Tampa, and throughout the entire state of Florida.
Florida Life Insurance Claim FAQs
How long does a life insurance company have to pay a claim in Florida?
Under Florida law, once the insurance company receives the required proof of death, they generally must pay the claim within 30 days. If they fail to do so, the death benefit must begin accruing interest. If they unreasonably delay or deny the claim, they may be liable for your attorney’s fees if a lawsuit is filed.
Can a life insurance company deny a claim for suicide?
Most life insurance policies contain a ‘Suicide Clause’ that excludes coverage if the policyholder commits suicide within the first two years of the policy taking effect. However, if the death occurred after the two-year mark, the company is generally required to pay the full benefit. We often challenge the medical examiner’s findings if the cause of death is disputed.
What happens to a life insurance claim if the primary beneficiary dies before the policyholder?
If the primary beneficiary dies first, the death benefit will usually pass to the ‘contingent’ (secondary) beneficiary listed on the policy. If no contingent beneficiary is listed, the money typically defaults to the deceased policyholder’s Estate, which requires going through the Florida probate process.
Can I fight an ERISA life insurance denial?
Yes, but the process is extremely strict. You must first file a comprehensive ‘administrative appeal’ directly with the insurance company, typically within 60 days. You must front-load all your medical and investigative evidence during this appeal, because if you are forced to sue in federal court later, the judge will generally only look at the evidence submitted during the administrative appeal phase.
