Life insurance benefits are an important tool for providing financial security in the event you or a loved one dies. Typically, individuals obtain life insurance coverage in two ways: through their employment; or by purchasing a policy on their own. The laws governing a life insurance policy will vary depending on how an individual obtained their coverage and the state in which in the policy was issued. Regardless of how an individual obtains life insurance coverage, it is of little to no value if a claim is denied following the death of the insured individual. Unfortunately, life insurance claims are frequently denied for a variety of reasons. Consulting with an experienced life insurance lawyer is important in determining if your claim was rightly or wrongly denied and in holding the insurer accountable.
Life insurance policies provided as part of an employee benefit plan are often governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). ERISA is a comprehensive federal law that governs employee benefit plans provided by nearly all employers in the private sector. (Employee benefits provided by federal, state, and local governments are not covered by ERISA, nor are benefits provided by certain employers affiliated with religious organizations). An ERISA life insurance benefit plan may provide an individual with less protections than a comparable life insurance policy purchased on the individual market.
All ERISA-regulated life insurance plans contain a mandatory appeal process you must go through before you seek relief in court. The ERISA life insurance appeal process typically contains short deadlines and can be confusing. An experienced ERISA life insurance lawyer can explain this process to you, advise of you of the potential issues with your claim, and help you build a well-developed record with your appeal.
Life insurance policies purchased on an individual basis either through a broker or directly from an insurance company are generally not covered by ERISA. Instead, they are governed by state law. Many state laws provide additional consumer protections not available under ERISA-regulated life insurance policies. That does not mean, however, that you should face the insurance company alone. If your individual life insurance claim was denied, you should still consult with an experienced attorney to better understand your legal rights. The Garner Firm handles life insurance claims for policies issued under Pennsylvania, New Jersey, or Maryland law.
In addition, Mr. Garner has spoken on life insurance claims and litigation at several national insurance and employee benefits conferences over the years. If you have questions regarding your ERISA life insurance claim or non-ERISA life insurance claim, please contact The Garner Firm today.
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Adam did an exceptional job in helping me both understand my situation and fight for my benefits/disability claim. He is extremely knowledgeable about the law and how it will effect your case. He was up front with us on how difficult our case may be and was always available to discuss our situation/answer questions. Adam also cares about you and takes an interest. He did an outstanding job to help me win my case against strong odds and was a blessing to have him as my lawyer. Thank you Adam for all you have done and continue doing on my behalf.
I would highly recommend Adam. He was courteous, professional, and very knowledgeable. He was attentive to my concerns and always responsive in a timely fashion.
I highly recommend him! He worked so hard and fought for what he thought I deserved. He is honest and will not lie to you, someone you can trust.
Adam has provided excellent service regarding my disability insurance claim. He is dedicated, knowledgeable, and compassionate. Adam keeps on top of the situation and responds immediately to any issues. He is always accessible. I would highly recommend him.
Adam is very knowledgeable about the process of seeking disability from the insurance company. After the insurer stopped paying my claim, I knew I needed to talk to somebody experienced in these types of cases. He was so detail-oriented, and I was so impressed with how he presented my case. I don’t know what I would have done without his help!
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