Impact of Supreme Court’s Conservative Majority Begins to Emerge
The Supreme Court closed out a closely-watched term that saw its newly conservative majority prevail in many cases, as its impact began to take shape. WSJ’s Gerald F. Seib and Jess Bravin explain. Photo illustration: Laura Kammermann
USAGov’s 2018 Guide to Holiday Shopping
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Statues of Robert E. Lee and Stonewall Jackson will be removed in the Virginia city almost four years after the deadly Unite the Right rally.
Free, Official Sources to Find Unclaimed Money
There might be unclaimed funds or property waiting for you from savings or checking accounts, wages and pensions, tax refunds, insurance policies, and more. Impact of Supreme Court’s Conservative Majority Begins to Emerge Aviku Law Resources Via https://www.aviku.com/uncategorized/impact-of-supreme-courts-conservative-majority-begins-to-emerge/
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Latest News: Library Acquires Audio Diaries from Healthcare Workers during COVID-19
The Library of Congress has acquired audio diaries featuring more than 200 frontline healthcare workers in the fight against COVID-19, a collection that provides first-hand testimonies from hospitals and communities across the country as the public health crisis unfolded. The audio library was donated by The Nocturnists, a San Francisco-based independent medical storytelling community and podcast.
Several state bills protecting resources signed into law
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Indian boarding school investigation faces hurdles in missing records, legal questions
Indian boarding school investigation faces hurdles in missing records, legal questions. “The truth needs to be heard from the perspective of those who … Latest News: Library Acquires Audio Diaries from Healthcare Workers during COVID-19 Via http://www.dot-net-search.com/uncategorized/latest-news-library-acquires-audio-diaries-from-healthcare-workers-during-covid-19/ With thousands of Minnesota tenants behind on rent a new state law sets the rules for assistance8/12/2021
With thousands of Minnesota tenants behind on rent, a new state law sets the rules for assistance
Four months in arrears on her monthly rent of $980, Delia Spencer-Hartwig got some welcome news last week. The 31-year-old south Minneapolis …
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Erika Jayne Celebrates Milestone 50th Birthday With Throwback Baby Photo Amid Legal Issues
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The Law Q&A | When a river runs through it
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Employment Law Attorneys, Blumenthal Nordrehaug Bhowmik De Blouw LLP, File Suit Against …
The complaint further alleges Tudor Ranch, Inc. committed acts of unfair competition in violation of the California Unfair Competition Law, Cal. Bus. & … With thousands of Minnesota tenants behind on rent, a new state law sets the rules for assistance Via http://www.dot-net-search.com/uncategorized/with-thousands-of-minnesota-tenants-behind-on-rent-a-new-state-law-sets-the-rules-for-assistance/
Jones Day Gender Bias Lawsuit Ends With a Whimper, Not a Bang
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Read the Indictment: Trump Organization, CFO Charged With Financial Crimes in Manhattan
CFO Allen Weisselberg, who has been charged with second-degree grand larceny, among other offenses, vowed to “fight these charges.” The Trump Organization has been charged with first-degree scheme to defraud, among other offenses.
Clydes Lures 9-Lawyer Australian Team Back From Local Rival After Less Than Two Years
The core of the team previously left Clyde & Co in 2019. Jones Day Gender Bias Lawsuit Ends With a Whimper, Not a Bang Via http://www.attorney-power.com/lawyers/jones-day-gender-bias-lawsuit-ends-with-a-whimper-not-a-bang/ Learn about life insurance claim felony exclusions.Life insurance policies usually come with a set of exclusions or things that the policy will not cover. Some of these exclusions are very well known (i.e., the suicide exception), while other exceptions are not. The felony exclusion is one of the lesser-known life insurance policy exclusions. Regardless of whether the felony exclusion is lesser-known, insured people and beneficiaries need to understand this exception and how it may apply to them.
Like most other exclusions, the felony exclusion allows a life insurance company to deny the payment of death benefits if the insured person’s death happens while the insured person is committing a felony. A felony is typically a serious crime that most people have never and likely will never commit. Many people know of well-known felonies such as murder, manslaughter, aggravated assault, burglary, and arson. Even some lower-level crimes can become felonies if the criminal is a repeat offender. However, some rather unassuming activities may qualify as a felony crime. For example, using an unsecured WIFI connection without permission may be a felony. In some states, it may be a felony for a male to seduce an unmarried woman, so if the insured person is having an affair with a married woman, the insured person may be in the act of committing a felony. Also, sharing passwords for streaming services may be a felony in certain states.
As noted, some felonies are, frankly, silly. However, it is important to understand that regardless of how silly a felony may be, life insurance companies may deny a claim if the insured person passed away while committing a felony. For example, if an insured person was having an affair with a married woman and was killed in a car accident while taking the woman on a date, it is possible (in some states) that the insurance company will deny coverage by alleging that the insured person’s death was excluded because they were committing a felony. It is also possible that a life insurance company denies a beneficiary’s claim because the company believes that the insured person committed a felony. It is possible that the life insurance company is mistaken, however, and the alleged acts that the insured person was committing when they passed away were not a felony.
A life insurance company can deny a beneficiary's claim if the insured person’s death happened while they were committing a felony. Any time a life insurance company uses the felony exception, it is important that the beneficiaries investigate the circumstances of the insured person’s death. Laws identifying and defining felonies are written with specific requirements, so it is important to know whether the insured person’s actions meet all of the requirements for the alleged felony, including any intent requirement. An investigation is also important to determine whether the alleged acts of the insured person were even really a felony. Therefore, it is important for the insured person and the beneficiaries to understand the felony exception and that they can seek an investigation to determine whether the life insurance company has rightfully or wrongfully denied their claim based on the exclusion of an alleged felony. Green Mountain Law Firm SEO 104 W Main St Suite 2 Bloomsburg, PA 17815 (570) 273-0898 Serving all types of attorneys including but not limited to personal injury, life insurance, DUI, bankruptcy, family/divorce, immigration, maritime, nursing home, probate, real estate, business/tax, etc firms. Experts in generating exclusive leads that turn into quality cases for attorneys since 2010. Learn about beneficiary changes.The person insured by a life insurance policy can change beneficiaries for the duration of the policy. The only real limitations the insured person may have on changing or designating new beneficiaries to their life insurance policy are those limitations described in the provisions of their life insurance policy. However, there are times when a change in life insurance policy beneficiaries may cause the life insurance company to deny a claim. In certain situations, a last-minute change in beneficiaries may also allow former beneficiaries to challenge a claim from the current beneficiaries.
Last-minute changes in beneficiaries can be a red flag for life insurance companies. Usually, the person insured by a life insurance policy can change their beneficiaries whenever they want, so long as the change complies with any specific requirements in the life insurance policy. However, when the insured person is elderly, severely ill, or lacking mental capacity, and the change in beneficiary happens shortly before the insured person passes away, they may have been unduly influenced by others. For example, a caretaker or estranged family member may convince or influence the vulnerable insured person to add them as a beneficiary on the insured person’s life insurance policy or to remove other beneficiaries. Sometimes, the person taking advantage of the insured person will even “help” the insured person sign the forms necessary to change the beneficiaries.
These types of last-minute changes may be invalid. If the insured person had sufficient mental capacity and was using their own free will when they decided to change the beneficiaries on their life insurance policy, the change in beneficiary will likely be valid. If, however, the insured person was in a vulnerable state, did not have mental capacity, and was unable to use their own free will, the change in beneficiary will likely be determined to be invalid. Also, if a change in beneficiary is questionable, the former beneficiaries (the beneficiaries on the insured person’s life insurance policy before the last-minute change) may submit their claim to the death benefits. The former beneficiaries may also present proof that the insured person’s last-minute change in beneficiary was invalid for various reasons.
Life insurance companies may also deny claims if the beneficiary made a change in the beneficiary that did not comply with the requirements of the insured person’s life insurance policy. Some policies may require that the insured person have a certain amount of witnesses present when signing a change of beneficiaries. Other policies may require that the change of beneficiaries be completed within a certain time before the insured person passes away. If the requirements for changing a beneficiary are complied with, the life insurance company should pay the claim without any issue. However, if the insured person did not comply with the requirements, the life insurance company will likely deny the new beneficiary’s claim.
Both the insured person and the beneficiaries need to understand the life insurance policy’s requirements for changing beneficiaries. If the requirements are not properly complied with, the life insurance company may deny the new beneficiary’s claim. It is also important for the insured person beneficiaries to understand that a life insurance policy may determine a change in beneficiary is invalid if it finds that the change was done when the insured person did not have sufficient mental capacity or free will. Finally, beneficiaries need to understand that they may challenge a change in beneficiaries on the insured person’s life insurance policy if they notice certain red flags. Green Mountain Law Firm SEO 104 W Main St Suite 2 Bloomsburg, PA 17815 (570) 273-0898 Serving all types of attorneys including but not limited to personal injury, life insurance, DUI, bankruptcy, family/divorce, immigration, maritime, nursing home, probate, real estate, business/tax, etc firms. Experts in generating exclusive leads that turn into quality cases for attorneys since 2010. Can a life insurance claim be denied if the beneficiary waits too long to claim death benefits?8/10/2021 Learn about life insurance claim denials.There are many reasons that beneficiaries of a life insurance policy may delay claiming death benefits after an insured loved one passes away. Aside from the grief and sadness associated with losing a loved one, many circumstances may make it difficult for beneficiaries to make their claims. But what happens if a beneficiary takes “too long” to make their claim for life insurance death benefits? Can the beneficiary’s claim be rightfully denied?
When a loved one that is insured by a life insurance policy passes away, there are many reasons why their claims on the life insurance policy may be delayed. For example, the beneficiaries may not even know that they are beneficiaries. An ex-spouse or a distant relative that the insured designated as a beneficiary on their life insurance policy may not have any idea that they are a beneficiary. Whether or not a beneficiary knows they are designated as a beneficiary has no bearing on whether or not they are entitled to a share of the death benefit.
Another example is that the designated beneficiaries know that they are beneficiaries, but they may not know where to locate the policy. It may take the beneficiaries time to find and understand the life insurance policy. The beneficiaries may also need to take time to determine whether the insured’s life insurance policy premiums have been timely and consistently paid so that the policy has not lapsed.
Or, yet another example, the beneficiaries may not know which insurance company issued their loved one’s life insurance policy. This situation will require the beneficiaries to do some investigation to discover where the death benefits may come from. The beneficiaries may have to look through mail, checkbooks, or bank account statements to see if they can determine where the insured had life insurance policies. Or, the beneficiaries may need to go to the insured’s employer to find additional information about any life insurance policy the insured may have had through their employer.
Technically, there is no time for filing a claim on the death benefits associated with a life insurance policy. However, life insurance policies usually include a provision or paragraph dictating a timeframe for when beneficiaries must file their claim. Unfortunately, life insurance companies may still deny a claim if it was not filed within the period defined in the life insurance policy. While this may be true, if the beneficiaries’ delay in filing their claim was due in part to a situation like those discussed above, the beneficiaries may still be able to file their claim for the death benefits.
When a loved one passes away, potential life insurance policy beneficiaries may be delayed in filing their claims for the death benefits associated with the life insurance policy. Beneficiaries are not only dealing with the emotions associated with their loved one’s passing, but they are also trying to figure out their recently deceased loved ones’ affairs. Additionally, beneficiaries may not even know that the insured designated them as beneficiaries on the life insurance policy, or the beneficiaries may not know which life insurance company holds the policy to which they are beneficiaries. While there is technically no time limit to file a claim on death benefits from an insured’s life insurance policy, the policy may contain a timeframe that the life insurance company expects beneficiaries to file their claims. If the beneficiaries do not file their claims within that period defined in the life insurance policy, the life insurance company may deny the beneficiaries' claims. It is important that beneficiaries understand the possibility of a timeframe for filing a claim with the life insurance company and that the beneficiaries understand that it is important to provide details as to why it may have taken a long time for them to file their claims. Providing details about the delays may assist in avoiding a claim denial. Green Mountain Law Firm SEO 104 W Main St Suite 2 Bloomsburg, PA 17815 (570) 273-0898 Serving all types of attorneys including but not limited to personal injury, life insurance, DUI, bankruptcy, family/divorce, immigration, maritime, nursing home, probate, real estate, business/tax, etc firms. Experts in generating exclusive leads that turn into quality cases for attorneys since 2010. Learn about accidental overdoses and life insurance.It is commonplace for life insurance policies to exclude coverage for certain types of deaths. Usually, these death exceptions in a life insurance policy include death by the use of illegal drugs. If the insured person’s death is excluded under the life insurance policy, the life insurance company will deny any claim on the policy. It is important that the insured person, and any potential beneficiaries, understand what deaths the life insurance policy excludes and whether they may still be able to make a claim even if the insured person’s death was caused by an excluded death.
The life insurance policy provision excluding drug overdose deaths usually excludes deaths caused by the voluntary use of illegal or illicit drugs. The life insurance policy can also exclude deaths caused by prescription drugs if the drugs were not prescribed by a doctor or the insured person did not use the drugs according to a valid prescription from a doctor. If the insured person passed away as a result of a drug overdose, regardless of the type of drug, life insurance companies may deny coverage. If the life insurance company denies coverage because the insured person died by drug overdose, they will likely reason that the insured person’s overdose death was intentional (i.e., suicide) or that it came as a result of drug abuse and the insured person misrepresented their drug use on the life insurance application.
The obvious problem with the life insurance companies’ reason for denying the claim in a situation where the insured person passed away because of a drug overdose is that the insured person’s death may not have been intentional for various reasons or the deceased person may have passed away while taking properly prescribed medications. Because the life insurance company’s reasoning may be incorrect, the beneficiaries need to investigate what happened and provide additional information to the life insurance company to avoid a denial of their claim. For example, maybe the insured person accidentally or unknowingly took a fatal amount of illegal drugs. In that case, the insured person’s death was not intentional but was accidental. Or, maybe the insured person was elderly and confused the amount of a validly prescribed medication, resulting in accidentally taking a fatal amount. These situations, and many more, show that the life insurance company’s reasoning for denying a claim may be incorrect, or more complex.
Life insurance policies usually contain a provision that excludes certain types of deaths. These excluded deaths typically include deaths that were the result of a drug overdose. Life insurance companies may deny a beneficiary’s claim on a life insurance policy where the insured person passed away due to a drug overdose, reasoning that the insured person intentionally overdosed on drugs or that the insured person misrepresented their drug addiction on their life insurance application. This, however, may not be the case. Beneficiaries need to investigate the insured person’s death to determine whether the death was accidental. This information may help with overturning a life insurance company’s denial of a claim. Green Mountain Law Firm SEO 104 W Main St Suite 2 Bloomsburg, PA 17815 (570) 273-0898 Serving all types of attorneys including but not limited to personal injury, life insurance, DUI, bankruptcy, family/divorce, immigration, maritime, nursing home, probate, real estate, business/tax, etc firms. Experts in generating exclusive leads that turn into quality cases for attorneys since 2010. Learn about beneficiaries passing before insured.People plan for their eventual death by purchasing a life insurance policy so that when they die they can financially take care of their family and other beneficiaries. The whole point of a life insurance policy is for the beneficiaries of the life insurance policy to receive a benefit when the insured passes away. For this to happen, the insured has to name beneficiaries on the life insurance policy. Unfortunately, things don’t always go to plan.
When an insured names beneficiaries on their life insurance policy, they can name people as primary beneficiaries and secondary beneficiaries. Primary beneficiaries are people that are first in line to receive the life insurance policy’s death benefit when the insured passes away. It is common for a spouse, significant other, or close family relation to be designated as a primary beneficiary. Secondary beneficiaries are second in line to receive the death benefit if something happens to the primary beneficiaries. Secondary beneficiaries are commonly children, family members, or entities.
Unfortunately, there are some situations where the insured only names a single primary beneficiary. This can create problems when that sole beneficiary passes away before the insured. The main problem is that there are no other primary beneficiaries or secondary beneficiaries for the life insurance death benefit to be paid out when the insured passes away. So, what happens with the life insurance death benefit payout in this type of situation?
If there are no beneficiaries named in the life insurance policy, the death benefit goes into the deceased insured’s estate. An estate is the total collection of all the deceased person’s assets, including the death benefit in this situation. When the death benefit goes into the deceased person’s estate, it will have to go through the probate process. Generally speaking, probate is a legal process where courts will inventory the deceased person’s assets, ensure that all taxes and debts are paid, and then distribute the estate according to any valid will or law if there is no will. The probate process can have negative effects on a life insurance policy’s death benefit. For example, the probate process can take a long time, so it could take a significant amount of time for the insured’s remaining family members to receive any part of the death benefit. Also, the death benefit will likely be subject to estate taxes, which may decrease the total amount of the death benefit. Finally, when the life insurance policy does not provide any clear instructions on who should be paid because there are no beneficiaries, the wrong person can be paid in the probate process. If this happens, a person that might have been an intended beneficiary, but that was never officially designated as a beneficiary, might have their claim denied by the insurance company.
Naming a primary beneficiary on life insurance policies is necessary if the insured and beneficiaries want to avoid the confusion and delays associated with the probate process. It is similarly important to name secondary beneficiaries in case the primary beneficiary passes away and the insured intends for “back up” beneficiaries to receive the death benefit when the insured passes away. Simply adding beneficiaries to a life insurance policy can help avoid a lot of trouble in the future. Green Mountain Law Firm SEO 104 W Main St Suite 2 Bloomsburg, PA 17815 (570) 273-0898 Serving all types of attorneys including but not limited to personal injury, life insurance, DUI, bankruptcy, family/divorce, immigration, maritime, nursing home, probate, real estate, business/tax, etc firms. Experts in generating exclusive leads that turn into quality cases for attorneys since 2010. Learn about life insurance and nonpayment of premiums.Most people understand that to have life insurance, the monthly premiums must be paid. The monthly premium is another name for the monthly cost of life insurance. If the monthly premiums are not timely paid, it is called a lapse of coverage. If the life insurance coverage lapses because of non-payment of the premium, the life insurance company is no longer obligated to pay out the death benefit, may cancel the policy, or deny a claim. Insureds and beneficiaries should be aware that life insurance companies will deny claims for death benefits if there is any lapse of coverage. However, there are some important facts to know about lapses in life insurance coverage based on non-payment of life insurance premiums.
First, missing a few premium payments is not always grounds to cancel a life insurance policy. Many life insurance policies have a grace period of between thirty and sixty days that allow insureds to catch up, or pay off the missing premium payments. It is important to know about this grace period because it is common for life insurance companies to deny a claim for death benefits based on a lapse in coverage, even if the grace period has not passed. It is also important to know that beneficiaries are entitled to know whether life insurance companies mailed notices of past-due premiums, called "premium due notices," to the correct address to challenge a denial of benefits. These premium due notices must comply with each state’s applicable law. This can be seriously important because in the last few years of an insured’s life they may be critically injured or sick, and unable to pay the monthly life insurance premiums. If the premium past dues notices were not being properly sent, the life insurance company should not deny the death benefit to the beneficiaries.
Second, if the insured passes away within this grace period, the life insurance policy may allow for the beneficiaries to receive any death benefit from the policy after deducting the missing payments. So, it is possible that benefits will still be paid out upon the insured’s death even if there has been a missing premium payment, as long as the premium payments are caught up or the insured passes away within the grace period provided in the life insurance policy. It is critically important that the insured, and in some cases the beneficiaries, work with the insurance company during the grace period to catch up and make sure that the life insurance policy does not officially lapse and become invalid.
Finally, it may be possible to reinstate a life insurance policy even after coverage lapses because of non-payment of premiums. However, the insured will likely have to catch up on any past due premium payments and pay interest on those past-due premium payments. Reinstatement may require the insured to do a new medical exam. Also, the life insurance company may require the two-year contestability period to restart after the reinstatement of the life insurance policy.
Life insurance policy premiums must be paid when they come due. Failure to timely pay the premiums and allowing the policy to lapse can result in the life insurance company no longer being obligated to pay the death benefits to the beneficiaries when the insured passes away. However, insured people and their beneficiaries need to understand the coverage options when a few premium payments are missed. This is especially true when life insurance companies are very likely to deny claims based on a lapse in coverage, even when there are options to keep the policy from lapsing. Green Mountain Law Firm SEO 104 W Main St Suite 2 Bloomsburg, PA 17815 (570) 273-0898 Serving all types of attorneys including but not limited to personal injury, life insurance, DUI, bankruptcy, family/divorce, immigration, maritime, nursing home, probate, real estate, business/tax, etc firms. Experts in generating exclusive leads that turn into quality cases for attorneys since 2010. |
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