Experienced & Aggressive San Diego Lawyers Litigating Accidental Death and Dismemberment Insurance Claims
Accidental death and dismemberment insurance policies promise financial security after a loved one dies as the result of an accident or accidental bodily injury. These policies also promise to pay an insured a specific amount of money if the insured suffers from some type of dismemberment or any other significant injury.
Unfortunately, insurance companies often deny accidental death and dismemberment policy claims and break their promise to provide you the benefits you thought you had secured. Insurers have a financial incentive to collect premiums and pay out less in benefits, which will increase their bottom line. This conflict of interest can motivate them to improperly deny your accidental death or dismemberment policy claim. With decades of experience in fighting insurance companies, McKennon Law Group PC in San Diego, California, is ready to represent you.
Making Sure Insurers Take Responsibility
Insurance companies often use bad faith tactics to issue improper denials of accidental death claims. These acts may include the following:
- Allege that the application contains a material misstatement and cancel or rescind the policy.
- Impose a requirement for eligibility that was not clearly delineated in the policy or interpret an ambiguous term in its favor.
- Deny coverage on the basis that the policy has lapsed.
- Assert that the sickness or injury at issue was not caused by an accident.
When it comes to the question of whether there was an accidental injury, the law is very complicated. You will need an experienced insurance litigation attorney to assist you with this type of denial. If an insurer is planning to lapse a policy, it must notify the policyholder (and a designee, if specified) of the upcoming lapse and offer a grace period. If the insurer failed to provide adequate notice, the lapse may be improper, and a denial issued on this basis may be overturned. An insurance company that improperly denies claims on accidental death and dismemberment policies may be acting in bad faith.
If the Accidental Death and Dismemberment insurance policy was purchased directly from the insurance company without employer involvement, you might be entitled to recover not only the Accidental Death and Dismemberment insurance proceeds, but also insurance bad faith damages, including emotional distress damages, consequential damages, attorneys’ fees, pre-judgment interest and punitive damages under California or other states’ law. If the policy was obtained through an employer, the dispute is most likely governed by the Employee Retirement Income Security Act of 1974, known as ERISA, and the insured can sue for policy benefits, attorneys’ fees and interest due on the unpaid benefits.
Experienced in Negotiation and Litigation of Accident Claims
The attorneys at the McKennon Law Group PC are specialists in litigating and resolving bad faith and ERISA insurance claim disputes for individual and business policyholders. We have litigated and been consulted on hundreds of ERISA, disability insurance, life insurance, accidental death and dismemberment insurance, health insurance, bad faith and other insurance matters. Because of our aggressive advocacy and our regional and national reputation as a leading insurance litigation firm, we can achieve maximum settlements and judgments/verdicts at trial.
We can aggressively litigate your accidental death case to achieve maximum success. We have significant trial experience and are not afraid to go to trial against the big insurance companies and we have extensive experience fighting them.
Ready to Represent You, So Call Now
Helping policyholders and their beneficiaries secure their insurance claim benefits is what we do best. If you have been denied a claim related to accidental death and dismemberment, McKennon Law Group PC in San Diego, California, will provide the aggressive representation you want and need. We offer free initial consultations, so please fill out this free consultation form or call 1-800-682-4137.