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Accidental Death Insurance Under ERISA

A death can be devastating to one's family — not just emotionally, but financially. Life insurance and accidental death insurance provide benefits to alleviate the financial hardship placed on surviving loved ones. However, such claims are frequently denied, leaving families bereft of the funds they need for funeral expenses, the deceased's medical bills and related concerns.

At the Foster Law Firm, we help individuals navigate the complex regulations set forth by the Employee Retirement Income Security Act (ERISA) or other applicable laws to obtain life insurance and accidental death insurance benefits. Based in Greenville, we practice in South Carolina and have handled ERISA matters throughout the United States.

The Difficulties Of Filing A Successful Claim

There are a number of reasons why an insurance company might deny a life insurance or accidental death claim. The most common bases for denial are:

  • suicide or self-inflicted injury exclusions;
  • intoxication, alcohol or drug use exclusions;
  • auto-erotic asphyxiation or autoerotism exclusions;
  • alleged misrepresentation on the insurance application which voids coverage;
  • for accidental death claims the assertion that a death is not an "accident", but is attributable to some other source such as sickness or disease;
  • the assertion that someone is not the designated beneficiary of the policy;
  • the assertion that the insured was not covered;
  • the assertion that a person is not "disabled" so as to be entitled to a waiver of premium benefit which continues coverage of the life insurance policy after disability.

Nathan Bax has extensive experience with and frequently handles cases involving the above basis for denial and many others.

If your claim for life insurance or accidental death insurance benefit has been denied, you will need to adhere to the strict 180 day appeals process. There are specific deadlines and requirements that must be complied with. Therefore, time is of the essence and it is critical to have an experienced ERISA attorney on your side to improve the likelihood of prevailing in the appeal.

Legal Support When You Need It Most

To learn more about how our firm can help, reach out to us today. You can call our offices at 864-558-8224 or contact us online. Initial consultations are always free.