Has your life insurance claim been denied, delayed, or disputed? Life insurance is supposed to offer security during a time of loss, but instead, families are often left dealing with confusing paperwork and unanswered questions.
Whether the issue involves a beneficiary conflict, a lapse in policy, or an unexpected denial, life insurance disputes can become complicated very quickly. However, you’re not alone—a Fairfax life insurance lawyer can help.
At BenGlassLaw, we have over 100 years of combined experience helping people in situations similar to yours. We have recovered over $100 million in compensation, and we’re ready to fight for you as your Virginia life insurance lawyer.
Common Reasons Life Insurance Claims Are Denied
There are several reasons why companies may refuse to pay life insurance claims.
These often include misrepresentation on the application, lapsed policy due to missed premiums, death during the contestability period, excluded causes of death, and beneficiary disputes or legal challenges.
Misrepresentation on the Application
If the insured person provided false or incomplete information—especially about health conditions, medications, or smoking history—the insurer may try to void the policy. This is especially common if the death occurred during the contestability period.
Lapsed Policy Due to Missed Premiums
In life insurance claims cases, policies can lapse if premium payments are missed. However, insurers are required to give at least 30 days’ written notice before terminating coverage for non-payment.
Death During the Contestability Period
Many life insurance claims policies include a two-year contestability clause. If the insured person dies during that period, the insurer may investigate the original application and deny the claim if it finds material misstatements.
Excluded Causes of Death
Life insurance claims policies may include exclusions for certain causes of death, like suicide within the first two years or deaths related to criminal activity. These exclusions must be clearly stated in the contract.
Beneficiary Disputes or Legal Challenges
When more than one person claims to be the rightful beneficiary—or when a family member challenges the designation—life insurance claims can be delayed or denied. Courts in Virginia typically enforce the terms of the policy unless fraud, coercion, or incapacity can be proven.
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Life Insurance Policies Governed by ERISA
If the life insurance policy was provided through an employer, it may be regulated by the Employee Retirement Income Security Act (ERISA). ERISA preempts many—if not all—state laws, and it follows a strict set of rules regarding how claims are processed and appealed.
Under ERISA, beneficiaries must:
- Receive a written explanation if a claim is denied
- Be given a reasonable opportunity to appeal
- Complete all internal appeals before filing a lawsuit in federal court
Unlike other insurance disputes, ERISA cases are limited in scope. Emotional distress and punitive damages are not available, and the court will typically only review the administrative record from the original denial.
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Payment Timeline and Required Documentation
Life insurance companies must pay valid claims within 30 days of receiving proof of death. If they fail to do so, they will also be required to pay interest on the claim amount starting from the date of the death.
To process a claim, many insurers will ask you for:
- A certified death certificate
- A completed claim form
- The original life insurance policy or a sworn statement if it was lost
Claims that are straightforward and uncontested are often paid within 30 to 60 days. Delays beyond that point may signal an issue with the policy or a dispute that needs to be resolved.
Your Fairfax life insurance attorney can help you understand these requirements in full and pursue payments on your behalf, especially in cases where your payments are delayed.
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Changing Beneficiaries and Common Disputes
The owner of a life insurance policy can change beneficiaries at any time unless the designation is irrevocable. To be valid, the change must follow the procedures outlined in the policy and be received by the insurer before the insured’s death.
Disputes may arise when:
- There are multiple versions of the beneficiary form
- A change was made shortly before death under questionable circumstances
- The insured had limited mental capacity or was under undue influence
- The named beneficiary is an ex-spouse, and the policy was never updated
Virginia does not automatically remove a former spouse as a beneficiary after a divorce. The policyholder must make that change, except in situations where the divorce decree specifically revokes the designation automatically.
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Statute of Limitations for Life Insurance Disputes in Virginia
Many disputes regarding life insurance claims in Virginia fall under the five-year statute of limitations for written contracts. This period usually begins on the date the claim was denied, not when the insured died.
However, some policies governed by ERISA have shorter internal deadlines, generally requiring yo8u to “appeal” a denial within 60-180 days. These deadlines are often enforced, so it’s important to check the plan documents for exact time limits.
Even better, you can reach out to a life insurance attorney in Fairfax for guidance regarding the timeline that applies in your case.
Contact Our Life Insurance Law Firm in Fairfax Today for Help With Disputes, Denials, and More in Your Case
If you’re struggling to claim life insurance benefits after the loss of a loved one, you don’t have to go through this difficult process alone. Denials, delays, and confusing policy language can make an already painful time even harder, but you don’t have to face it all by yourself.
Instead, reach out to BenGlassLaw. Our Fairfax life insurance attorneys know how to handle these complicated situations, and we are ready to fight for the benefits you’re rightfully owed. You deserve clarity, support, and justice—and we’re here to help you pursue all three.
Don’t wait to get the answers and representation you need. The sooner you contact our Fairfax life insurance law firm, the sooner we can help you take the next step toward resolving your claim and moving forward.
Call or text (703) 591-9829 or complete a Free Case Evaluation form
