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Category Archives: Life/AD&D Claims

jvtucker2016

Changing Your Life Insurance Beneficiary? 3 Things You Need to Do

copy of Life Insurance Policy with calculator and glasses

Before his wife Susan died, David let her take care of all of the family’s paperwork.  She was a wonderful partner…she had a good job, handled their finances, tracked their retirement accounts, and she kept up with their life insurance paperwork…or so he thought.  When Susan wife passed away, he filed a claim for life […]

NOT ERISA: Employer Benefit Plans That Are NOT Covered by ERISA

picutre of statute book showing the Employee Retirement Income Security Act

ERISA – The Employee Retirement Income Security Act Yesterday’s article, What Types of Employer Benefit Plans Are Covered by ERISA, explained how most employer benefit plans are subject to the federal benefit law called ERISA, the Employee Retirement Income Security Act.  Today, we are going to talk about the types of employer benefit plans that […]

What Types of Employer Benefit Plans Are Covered by ERISA?

picutre of statute book showing the Employee Retirement Income Security Act

ERISA – The Employee Retirement Income Security Act As ERISA attorneys that handle employee benefit claims, we are often asked what types of benefits are covered by the Employee Retirement Income Security Act.  It is a really quite a long list of possible benefits that an employer can offer which would be called an ERISA […]

No Jury Trials in ERISA Claims for Benefits – Disability and Life Insurance

picture of jury box with empty chairs

A Judge – not a jury – decides employee benefit lawsuits under ERISA. Every Federal Circuit Court in the country has held that a jury trial will not occur in a claim for benefits under an employer sponsored benefit plan, yet people still file lawsuits asking for jury trials on benefits claims.  Each time it […]

Life Insurance Lawsuit Filed Too Late – Time Limit was One Year

picture of stopwatch

Beware of the Time Limitations in your employer’s ERISA group life insurance plan. A recent Georgia life insurance case shows how important it is to read the time deadlines for filing lawsuits in employer-sponsored group life insurance plans.  The case involves a life insurance claim filed by Melinda Webb, the spouse of a former employee […]

State Law Does Not Change Who the Beneficiary is Under an ERISA Life Insurance or Pension Plan

Group life insurance and pension plans offered through an employer have different rules about who gets the benefits after someone dies.  Many states have laws that attempt to control who may be the beneficiary of a life insurance policy or retirement benefit.  States often try to regulate this probate or divorce law, but the federal […]

Is There a Grace Period in Florida To Pay Your Life Insurance Premiums Late?

Every state has different, though similar, law that applies when someone does not pay their life insurance premium on time.  You have to look at the law of the state that applies to your life insurance policy (usually the state in which the policy was delivered).  In Florida, there is a 30 day grace period […]

Does a Life Insurance Company Have to Give Written Notice of Cancelling a Life Insurance Policy for Non-Payment of Premium?

Premium notices are a longstanding custom in the insurance industry.  However, the practice of providing notice by itself generally does not bind an insurer to doing so, nor does it alter an insured’s duty to pay.  However, when an insurer has the practice of giving notice of payments for a length of time that leads […]

Does Your Life Insurance Policy Require That a Notice of Premium Lapse Be Sent to a Secondary Address Before Termination?

One of the most common ways that life insurance companies avoid claims is to terminate coverage when someone fails to pay their premium.  This is called “lapse,” and a policy may be canceled for failing to pay the premium.  However, in some states, life insurance companies have to send a premium notice to a secondary […]

Group Life Insurance Lawsuit Dismissed Where Deceased Lost Coverage Due to Lay Off Before Their Death

A New York federal court dismissed a life insurance lawsuit where the insurance was obtained through an employer group, but the deceased was laid off and lost the coverage 3 months before he died.  The lawsuit was filed by Farone and Son Funeral Home, because the survivor who was the beneficiary of the life insurance […]

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