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2 Types Of Life Insurance Company Litigation: Trust And Stranger Owned

2 Types Of Life Insurance Company Litigation: Trust And Stranger Owned

At Life Insurance Lawyer Now, we work with policy owners, in all types of litigation, including: Irrevocable Life Insurance Trust litigation (ILIT) and Stranger Owned Life Insurance (STOLI) Litigation – let’s have a closer look at 2 Types of Life Insurance Company Litigation: Trust and Stranger Owned.
  1. Are you involved in a life insurance policy where the life insurance company refuses to pay benefits?
  2. Does the life insurance company claim that the beneficiaries are Stranger Owned Life Insurance which was improperly transferred?
  3. Are you an investor in an Irrevocable Life Insurance Trust who has not received proper payment on the policy, or proper accounting from the trustee?

We are highly experienced in all aspects of Life Insurance Company Litigation: Trust and Stranger Owned.  We can represent purchases, owners, and various beneficiary classes – and because of our decades of experience in life insurance litigation, trust and probate litigation, and life insurance regulation, we can get you what you deserve to fight for your rights.

Irrevocable Life Insurance Trust (ILIT) litigation is based on a life insurance trust.

Life Insurance trusts are used frequently for holding high value life insurance policies for the benefit of estate planning, mixed beneficiaries, and (sometimes) for beneficiaries who may legally transfer those rights.

Because life insurance trusts are, of course, trusts, you need an attorney is experienced in the administration and litigation of trusts.  This is a highly state specific source of litigation knowledge and background – and we are qualified and well experienced in using the rights and obligations of the trust law to provide for justice in your specific circumstances.

Stranger Owned Life Insurance litigation is a speciality defense that has been created by the life insurance companies as a defense to payment on transferred beneficial rights.

Every life insurance company is pleased, if not excited, to write a new life insurance policy of  $5,000,000 or more, which are often involved in transferred beneficial rights.  But these life insurance companies are much less happy to pay an ILIT the policy benefits when the beneficiaries are not the original beneficiaries, when there is a beneficiary dispute, or if there are other issues which create suspicion by the life insurance company.  Remember, the operating strategy of the life insurance company is sell, sell, sell not pay, pay, pay.

If you have a life insurance policy, or a life insurance policy is involved in trust or probate litigation, we are fully able to assertively litigate any of those issues, to make the life insurance company pay, and for your to obtain your full and fair share.

We can help.  Call LifeInsuranceLawyerNOW.com at (888) 997-4070, or (818) 937-0937, or send an email to us in the form on the side of the screen.  We are highly experienced lawyers, not paralegals, and we know this area.  We get right to it with you and the insurance company, and get many claims paid right away.  If court is necessary, we are regular Federal litigators and will push the life insurance company hard for the well being of you and your family.  We respect you, deal directly with you, and understand not only the law and facts, but what you are going through.  We are here to help.  Contact us as soon as possible, to get your claim paid faster.

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Our Goal Is To Win Your Life Insurance Claim

Our Goal Is To Win Your Life Insurance Claim

Our goal is to win your life insurance claim. That’s why we love our job: our devotion to our life insurance clients. Did you know that too many lawyers are unhappy with being a lawyer, and that gets in the way of them doing their best for you, the client?

Like any type of work, if you love what you do, you do it better.  Don’t hire a lawyer who isn’t happy enough with their work; how are they ever going to do their best for you?

We get an incredible amount of professional and personal energy from being able to be your lawyer, to help you at this time of loss, by getting an insurance company to pay your claim.  We really are devoted to this type of work, to be able to help you at a difficult time.  The death of a loved one is very difficult, and the most painful occurrence in our lives.
Some people who come to us have needed a lot of time, even a year, or more, to get to the point to be able to talk about the loss and the life insurance issues.  We understand that, and it helps us to do our important work for you.  We know how important this is for you, how emotional it is, how much is wrapped up in this for you.
Don’t think for a second that the life insurance company is eager to help you – they are NOT your advocate.  Their lawyers are THEIR advocates.
We are here to help, really help.  We really know this area.  We have done this for more than 20 years, giving advice (before) to some of the top leaders in the insurance companies.  We know how they work, how they look at facts, what it takes to put your situation in the very best position to have the life insurance company do the right thing.  Nothing makes us happier, as lawyers, as advocates, to Win Your Life Insurance Claim, at this difficult time for you.  We never just go through paper, we are working for you, and your family, and are the most determined to win, for you.

Have you suffered the unexpected loss of a loved one, only to have a claim for life insurance benefits delayed, or denied? 

Do you get the feeling that the life insurance company is doing everything it can to avoid paying the claim?  Has the life insurance company sent you a letter stating that they are rescinding the policy, making a rescission, or just sending back the premiums paid? Especially if your loved one had the policy for less than two years before passing away, the life insurance company can become very aggressive at seeking to avoid the policy payment.  Rescission is a favored strategy of the life insurance company, if the policy was issued less than two years before the death.

We can help.  Call LifeInsuranceLawyerNOW.com at (888) 997-4070, or (818) 937-0937, or send an email to us in the form on the side of the screen.  We are highly experienced lawyers, not paralegals, and we know this area.  We get right to it with you and the insurance company, and get many claims paid right away.  If court is necessary, we are regular Federal litigators and will push the life insurance company hard for the well being of you and your family.  We respect you, deal directly with you, and understand not only the law and facts, but what you are going through.  We are here to help.  Contact us as soon as possible, to get your claim paid faster.
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Interpleader: Why Life Insurance Lawyer Now Is The Leader.

Interpleader: Why Life Insurance Lawyer Now Is The Leader.

Interpleader cases are very complicated legal matters – don’t try to litigate this yourself or use a non-expert lawyer. Interpleader: Why Life Insurance Lawyer Now is the Leader. Here are 5 reasons why.

 1. We have been doing interpleader law and litigation for almost 30 years, and are experts in this area.

When you contact us on your interpleader insurance case, you talk to a real lawyer, one with many years of experience – not an assistant, or a paralegal.  Get answers now, from a real lawyer.

2. We will focus on your case, from start to finish. You don’t have to repeat your information and facts to one person after another.

3. Many other law firms will take your case and refer it out to another firm – while they take a cut of  your settlement or judgment – not us.

We are not like the divorce lawyers or child custody lawyers you may have had to deal with in the past, which for many, is their first and only time of hiring a lawyer.  We get back to you, by phone, email, or text.  We let you know what is going on your interpleader insurance case – discussing our strategy with you ahead of time, and making sure that we get every fact about your case.

4. We are selective about the cases we take.  Sometimes, our opinion is that a case might not have enough facts to win, or that there may be legal questions that make it just too uncertain.  As we  are committed to winning our cases, it is essential that our clients are as forthcoming and direct as possible with us.  We can’t guarantee a result on your interpleader case, but we can guarantee that we will work hard for you, gathering all the facts and proof that will help make our case strong, and further our strategy.

  • One huge mistake is that potential clients have waited too long to start legal proceedings against an Insurer – as legal time limits can cost you a potential victory. 
  • The Insurance Company wants you to wait – it increases their chances of keeping money that may be rightfully yours. 
  • This passage of time is always the first and preferred defense of the Insurer.

When the life insurance company feels no pressure to pay the claim fast, they will invent ways to delay payment, as well as complicate matters by requesting unnecessary documents to waste your time.

If you have a life insurance claim where the life insurance company really seems to be investigating, on and on and on, don’t give them the time they want to beat your claim.  We push life insurance companies to pay the benefits, and pay them now.

When you are looking for a life insurance lawyer, you should find out about the lawyer’s experience and knowledge.  We know how to convince insurance companies and other beneficiaries to pay.

5. We have been in the boardroom in the other side, we know how the thinking works in a big life insurance company.

Many times, we can get a policy paid within 6 days!  We help to get the necessary information into the life insurance company – and push the life insurance claim away from too much investigation, and too many requests for documents and medical records.

  • When looking for a life insurance lawyer, look for the fighting spirit. 
We have the fighting spirit, for you and your family.  We enjoy and take great pride in helping people who have suffered a loss, and are being deceived by a life insurance company.
  • When you are looking for a life insurance lawyer, watch out for people who can’t help you where you are living.  A lawyer in another state can’t come into your state and help you – they don’t know the laws and aren’t able to practice law there.  Especially if your claim is in California,  you absolutely need a California lawyer.
We have done this a lot.  We take the time to know you and your case.  We start working for you NOW.  We communicate with you, respond to your calls, are available to you.  We focus on how to win your case.  If you have a problem getting your life insurance claim paid, rescission, beneficiary disputes, or your policy has been cancelled or has other issues on it, you need to contact Life Insurance Lawyer NOW.com or life insurance justice.com.  Use the form on our site, or email us, or call (888) 997-4070 or (818) 937-0937 to speak directly to an experienced life insurance lawyer.   We are the best life insurance lawyers around, and we are real lawyers, not a lawyer referral service or “middleman”, we are here for you NOW.
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20 Questions And Answers About Interpleader With Legal Expert Joseph Fogel, Esq.

20 Questions And Answers About Interpleader With Legal Expert Joseph Fogel, Esq.

Q: Why is the life insurance company saying it may sue me, in an interpleader?  What is an interpleader? Here are 20 Questions and Answers about Interpleader with Legal Expert Joseph Fogel, Esq.

A: An interpleader is the life insurance company’s way of having a judge decide which beneficiary should be paid.  An interpleader is a lawsuit, against you and any other people who claim they should be paid. An interpleader must be defended in Court, even if you are sure you are the one who should be paid.  Like any lawsuit, if you ignore it, you may lose.  But an interpleader is a very special kind of lawsuit, that requires a specialist to litigate.

Q: I just received an interpleader lawsuit.  Why did the life insurance company sue me, instead of paying me the life insurance policy benefits?

A: The life insurance company uses the special law of interpleader to get a judge to decide who should be paid, so they don’t have to decide.  Interpleader is a special law and rule, that gives the life insurance an out from deciding who to pay.  Interpleader is a special and complicated law and rule, and is generally tried in Federal Court.

Also, the life insurance company does not want to run the risk of different beneficiaries making claims to the same policy benefits.  When there is a question about a beneficiary designation or who should get the life insurance benefits, the life insurance company does not want to decide.  The insurer is afraid that if they don’t pay one side, that person will sue them.  Instead of running a risk of lawsuits, the insurer turns around and sues the people who claim the life insurance benefits.

Q: The insurance was supposed to benefit me – how can other people claim that they’re the beneficiaries?

A: Some people who dispute beneficiary designations on life insurance may believe they are doing what is right and fair; other people may be doing it out of anger, meanness, or just to try to get a few dollars. The legal reality is that life insurance companies no longer want to make any decision in a disputed beneficiary situation.  The life insurance company is likely to send it out to their own lawyers–at your expense–for the filing of an interpleader complaint.

Q:   Do I have to do anything if I know I am right?

A: Yes –   it’s very important part to realize that you can lose an interpleader complaint, even if you are truly right, if you don’t get the right lawyer and answer the complaint.  An interpleader complaint is a special kind of lawsuit.  If you don’t answer a lawsuit,   you can lose, just like any other lawsuit.

Q: How long does an interpleader complaint take?

A: Like any lawsuit, the lawsuit has its own timing, depending on the court, the amount of discovery that may be needed, and the length of the trial.  We work hard to try to get cases won as soon as possible.  Sometimes, it can be won in as little as thirty days.  Sometimes, months are needed.  We keep you informed and up to date.

Q: Why does the life insurance company tell me to “work it out” with the other people who want the benefits?  Isn’t it the job of the life insurance company to pay the right person?

A: Yes,  the life insurance company should figure out how to “do the right thing” and get you paid.  But they don’t do anything when there is a dispute. They don’t want to pay one side and not the other, and risk getting sued after they pay the policy benefits.

Q: What happens to the life insurance benefits in an interpleader?

A: After the life insurance company files an interpleader complaint, the life insurance company lawyers usually ask the Court to hold all the benefits.  The life insurance benefits are paid by the company to the Court.  Then, once the Court interpleader lawsuit is done, the Court will pay how it has decided the money should be paid.

Q: If I win the interpleader, do I get all my benefits paid to me?

A: If there is a verdict or decision from an interpleader trial, the Court (after it gets the funds) will pay the money out however that verdict or decision requires.  But the life insurance company will ask for payment of its lawyer fees and costs from the interpleader money.

Q: If I lose the interpleader, or just don’t want to hire a lawyer, can I get the life insurance company to pay the benefits to me?

A: No.  The interpleader is the way that the life insurance gets a judge to decide who gets the benefits.  Once the judge decides, the money is appropriately distributed.  You can’t go against the life insurance after an interpleader complaint.  The interpleader law action decides, once and for all, who gets the life insurance benefits.

Q: Do I really need a lawyer for an interpleader?

A: Yes, if you are serious about winning your case.  Courts are far too complicated, with far too many special rules and requirements, to think that you can do it yourself.  This isn’t the time or place for people to try to learn a whole new world.  Judges have very little patience for people without lawyers.  People without lawyers look like people who have weak cases, since no lawyer wants to work with them.  If you are serious about winning your interpleader, and you believe you are right, you need to hire the right lawyer.

Q:  Can any lawyer nearby do the interpleader?

A: This isn’t the area for a general lawyer, or a divorce lawyer.  Life insurance interpleader is a very specific and very sophisticated.  We recommend that you hire us: we can start immediately, and we already know interpleader law.  Many of clients prefer to call and send PDF’s and pictures of documents, rather than fight traffic to meet at one of our local meeting offices.  We are always available to meet and will set an appointment near you, if that is best for you.  We understand these interpleader cases and we know how important this case is to you.

Q:  What do lawyers know about interpleader?

A: Interpleader lawsuits are generally brought in Federal Courts, which is a whole different league than the regular state courts that hear divorce cases, child custody, and other general types of lawsuits.  Remember, a lawsuit is your one chance to get the right legal decision on your case.  This is not a place to take your chances on a Lawyer who is not a proven expert.

Q: What is Federal Court like?

A:  Federal Court has its own special rules and is absolutely NOT a place for a beginning attorney.  Each judge adds to the rules with their own particular orders on the case.  Depending on the other cases with the Court, things can move very quickly.  There are deadlines that other Courts don’t have – and if you miss a deadline, your case can be lost just for that.  Federal Court is a very serious setting and only 10% of lawyers are even licensed to practice in Federal Court.  We practice in Federal Courts throughout the country, we know the rules, and are the kind of experienced Federal lawyers who can bring everything possible to help win your case.

Q: If I hire life insurance lawyer NOW.com to handle my interpleader law, am I going to be worse off?

A: Hiring the right lawyer is very important.  We are the right lawyers for your interpleader law.  You don’t want lawyers who are just learning on your case – you want people who know this area inside and out.

Q: If I hire life insurance lawyer NOW.com for the interpleader, will my case go to trial?

A: We win cases because we prepare well for trial, but many cases can be won on the pleadings or settled at acceptable levels, before trial.  Courts always encourage settlements, at some point in the life of a case.  We work hard to persuade the other side’s lawyers that they should stop what they are doing.  Many times, after some of the case is prepared, but before trial, we can use the process of mediation to find a settlement that is good for our client.

Q: How do I hire life insurance lawyer NOW.com for my interpleader?

A: We are available and ready to help.   Most of our clients ask for a contingency hiring agreement, where we have to win a recovery for them, or there is nothing due to us.  Our contingency fee rates are the most competitive in the country, and we provide the best services, and the most responsive and caring attorneys.  We answer your questions, keep you informed, and make sure that your strongest facts are put at the center of the case.   Call, email, text or chat with us, and we look forward to helping right away.  Sometimes, we can get claims paid within seven days, and our clients are always relieved to know that we are on their side.

Q:  Why won’t my life insurance company just pay like they promised?

A: Life insurance companies actually get very few requests for payments.  Most policies never result in a payment.  When a claim comes in on a life insurance policy, it can be a big claim.  The amount of life insurance benefits to be paid is usually a lot more than the premiums paid.  So the life insurance companies have plans to investigate and not pay, if they can get away with it. They like to use delaying tactics and tricks to waste time. We don’t fall for those tactics.

Q: Why are interpleaders held in Federal Court?  We are just a regular family.

A: Insurance companies like to bring interpleaders in Federal Court.  Federal Court is a scary place for most lawyers.  We are frequently in Federal Court, and we know the rules and procedures so Federal Court is a comfortable setting for us.  The Federal judges know the interpleader law well, and can quickly get the life insurance companies out of the lawsuit, which is really what the life insurance wants, anyway.

Q: Is there any way to avoid an interpleader?

A: Yes.  If you have us on your side, we can possibly avoid an interpleader. We will quickly review the facts on your life insurance claim.  We will determine if there is additional strong evidence that we can quickly obtain to help you get paid.  We can make strong legal arguments on the evidence in place, and the law.  We can attack the positions of others, who are trying to take the policy away from you.  We can do a lot to try to avoid the interpleader, and be in a strong place to win an interpleader.

Q: If I have been named in an interpleader, do I need a lawyer, since the judge will decide?

A: YES, you need a lawyer.  An interpleader is a lawsuit.  The judge does not gather the evidence –  the judge will decide on the evidence and laws controlling the evidence.  If you think you don’t have to do anything in a lawsuit, you are in for a big surprise.  The right kind of Answer must be filed, as well as  proper Discovery.  There are additional laws that apply to an interpleader, and it is very risky to not have an experienced lawyer on your team.

Q: Why does the life insurance company is listen to the other person, who says they are a beneficiary, but I know they are not really entitled to anything?

A: The life insurance company has a process for all of this.  Even if you believe very strongly that you, and not the other person, is the rightful beneficiary, the process will be followed.  That process includes many opportunities for people stretch the truth, argue questioned documents, or try to avoid certain important laws and regulations.  Sometimes, just believing that you should win the interpleader is a problem because you might slack off in the hard work needed to put all the evidence in place, and make all the right arguments.  We will work hard as your lawyers, even if you believe it is a clear case, and we will never stop pushing for the right result.

Q:Not only is the other person trying to be the beneficiary on the life insurance policy, but they are trying to take the estate, too.  Is this right?

A: These are two different questions, that often arise together.  More lawyers are familiar with estates and probate than are knowledgeable about life insurance policies.  We know life insurance policies, interpleader, and all life insurance disputes.  We know probate, too, and can help keep the two problems clear.  We work with probate and estate lawyers, we get cases referred to us where the first lawyer handles the probate and estate, and we handle life insurance claims and interpleaders.   We do what is needed for you to get these situations to the right result.

Q: Won’t the judge just see that the other side is wrong, so I automatically win the interpleader?

A: Judges, despite the name, really don’t get to decide a case unless it is tried to the judge.  Interpleader are decided by judges, but only at the end of a long process of preparation.  If your interpleader law case is not properly prepared, and tried, the judge is unlikely to rule in your favor.  The risk is that the other side finds a lawyer who manages to work the other side of the case up into something that could win, especially if you are not well represented by interpleader lawyers, and you have not helped to get all the strongest facts, out in front, to win your case.

Q: Why are you a better interpleader lawyer than others who say they know some of everything?

A: A real interpleader lawyer from life insurance lawyer NOW.com is going to be the best bet for your case.  You only get one case, one chance to win what is rightfully yours.  The life insurance benefits should be paid to you.  Few people have good experiences with their divorce lawyers – did those lawyers do everything possible to win the case?  Did they follow up regularly with you, so you knew what was going on in the process?  We, at life insurance lawyer NOW.com work hard to know interpleader law inside and out.  We work hard to keep you informed and up to date, so you feel respected.  Those factors, and more, make us the best place for interpleader law.

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5 Bad Faith Life Insurance Companies – Examples You Won’t Believe

5 Bad Faith Life Insurance Companies – Examples You Won’t Believe

Let’s take a look at some telling examples of Bad Faith Life Insurance Companies including a few top brand name life insurance companies. Some of the widely used bad faith tactics of insurers include rescission and alleged application misrepresentation.

1. Lincoln National Life Insurance Company

This company is part of the giant Lincoln Financial Group, and sells different types of life insurance policies,  and has more than 17 million customers for its various products.

Lincoln says that life insurance is: “… more than just a death benefit. Beyond providing a guaranteed benefit to your family in the event of death, Lincoln can also offer you: Financial protection for your loved ones or business; Income replacement; Supplemental retirement income; Account value growth to use as a financial resource; Tax-deferred asset protection and accumulation; An efficient means of transferring wealth; A source of funding for business owners.”

Lincoln stresses “protecting your family,” described as: “There’s nothing more rewarding than ensuring the well being of those you love. And one of the best ways to demonstrate how much you care is by putting the plans in place that will help keep your family safe and secure…. Whether it’s preparing your children for college or taking out life insurance, we’ve got solutions to help you take care of your family through every turning point, both now and in the future.”

The history of the Lincoln National Life Insurance Company includes many references to Abraham Lincoln, although he had nothing to do with the company and is just the appropriation of a symbol of honesty.

Have you had an experience with Lincoln National Life Insurance Company? Have they been true to their word? Here’s some bad faith examples to contemplate.

  •  In William Fountaine v. The Lincoln National Life Insurance Company et al., Case No. 14-cv-00497, U.S. District Court, Central District of California, Lincoln National ended the plaintiff’s payments, claiming that Fountaine did not meet the definition of disability pursuant to the long-term disability plan it provided to him through his employer, WDC Exploration and Wells, a Sacramento drilling company.
  • According to the plaintiff’s attorney, Fountaine filed a timely appeal that was met with a denial on Apr. 23, 2013, and a second request for continuation of benefits which was also denied on Jan.17, 2014, “despite overwhelming evidence of a covered [long-term disability] claim.” These are exactly the types of activities a Life Insurance Company will do.

2. Life Insurance Company Of The Southwest

This company is a part of the National Life Group of Companies. Life Insurance Company of the Southwest (“Southwest”) is based and licensed in Texas.

Southwest is part of the National Life Group, which states that: “Our goal – since the chartering of National Life Insurance Company in 1848 – has been to work together to create a better future for each and every customer through innovative financial solutions and then to deliver on those commitments 10, 20 or 50 years down the road. . . .

National Life has paid a dividend on its participating life insurance policies every year since 1855. Through the Civil War, the great flu epidemic of 1918, the Great Depression, two World Wars and most recently the Great Recession, National Life has delivered.. . .We are an independent company and independent in spirit. While we do business across the United States, at our core we retain the feel and the attitude of a small company in which each and every individual matters. We are grounded on America’s Main Street where a firm handshake still means something and trust is strong.”

Just a quick look here, and we can see issues with this company, as outlined in the class action suit Walker v. Life Ins. Co. of the SW:

  • “Plaintiff alleged that the insurer violated California’s statutes because it touted the policies as retirement or investment vehicles, “misrepresent[ed]” the costs, risks, safety and security of the policies, treated policy lapse “in a misleading matter,” “deceptively present[ed] the guarantee values, fail[ed] to define key terms, and impl[ied] that nonguaranteed elements are annual guarantees.” The district court dismissed those claims at the pleading stage. 
  • The ruling suggests, though, that insurers selling individual life insurance policies in California may expect to see more lawsuits – individual and putative class actions – alleging violations in the illustration statutes. Given the Ninth Circuit’s pronouncement about the UCL unlawful prong more generally, insurers might also be faced with other statutory violations serving as UCL predicates.”

3. Jackson National Life Insurance Company

This is a U.S. company that offers annuities for retail investors and other financial products. Jackson’s subsidiaries and affiliates provide specialized asset management and retail brokerage services.

Founded in 1961, Jackson is headquartered in Lansing, Michigan,  and was named after Andrew Jackson, the 7th President of the United States.  By 1984, Jackson had grown to $1 billion in assets, and now has more than $220 billion in assets.

As you can see in this article, in Pensions & Investments, Jackson was ordered to pay a huge sum for illegal activities:

  • “Jackson National Life Insurance Co. agreed to pay $4.5 million to settle allegations by participants in the company’s 401(k) plan that fiduciaries violated ERISA guidelines in the management of the plan.
  • The settlement agreement, which must be approved by a U.S. District Court judge, was filed with the court Nov. 1. Plaintiffs filed the suit in March 2017 in District Court in Lansing, Mich.
  • Jackson National “admits no wrongdoing or liability with respect to any of the allegations or claims,” said the settlement agreement in the class-action case Pease et al. vs. Jackson National Life Insurance Co.”

4. Metlife

The holding company of Metropolitan Life Insurance Company. Metlife is among the largest global providers of insurance, annuities, and employee benefit programs, with 90 million customers in over 60 countries. The firm was founded in 1868, and from 2004 to 2011, MetLife held its position as the largest life insurer in the United States.

The company had $2.5 trillion in policies written, $350 billion in assets under management, over 12 million customers in the United States, 8 million customers outside the United States, and a net income in 2003 of $2.2 billion. That year, Barron’s reported that 13 million American households owned at least one product from MetLife. MetLife’s individual life insurance products and services comprise term life insurance and several types of permanent life insurance, including whole life, universal life, and final expense whole life insurance.

What are your experiences with Metlife? We can see here , as referenced in Plansponsor.com, in a recent lawsuit that Metlife:

  • “… is failing to meet its obligations to ensure different annuity options under the plan are actuarially equivalent to the plan’s default benefit, as required under ERISA and the terms of the plan itself. 
  • “The complaint goes on to argue that defendants have violated ERISA’s anti-forfeiture rule and caused plaintiffs and other participants and beneficiaries of the plan injury ‘every month’.”

5. Allianz Life Insurance Company Of North America

This is a company that provides annuities and life insurance products in the United States, and is based in Minneapolis, and offers fixed and variable annuities and life insurance, through a network of more than 100,000 agents nationwide.

Just a quick Google search uncover these deceptive insurance practices, featured in the Minneapolis Star Tribune:

  • “A federal jury ruled that Allianz Life Insurance Company of North America used deceptive practices in selling a certain type of investment product known as an equity-indexed annuity, which is linked to the stock market.
  • The verdict culminates a prolonged legal battle between Allianz Life and consumers who claimed the company enticed them into buying annuities with false promises of bonuses that never materialized.
  • For years, the case cast a dark cloud over Allianz Life and other major insurance companies that sell these annuities. The companies were forced to defend their reputations — and pay out millions — as an onslaught of attorneys and state regulators said they were glossing over the complex nature of the products and locking older people into contracts from which they may not live long enough to fully benefit. Minnesota Attorney General Lori Swanson was among those who went after the company for sale of the products.”
  • Allianz also agreed to pay $10 million dollars in a settlement with California Insurance Commissioner Steve Poizner’s office for allegedly targeting thousands of seniors and selling them annuities which were not suitable for their needs – as well as not informing them of the financial penalties for liquidating other stocks and securities, which they encouraged.

Have you dealt with any of these Bad Faith Life Insurance Companies? Have you suffered the unexpected loss of a loved one, only to have a claim for life insurance benefits delayed, or denied?  Do you get the feeling that the life insurance company is doing everything it can to avoid paying the claim?

Has the life insurance company sent you a letter stating that they are rescinding the policy, making a rescission, or just sending back the premiums paid? Especially if your loved one had the policy for less than two years before passing away, the life insurance company can become very aggressive at seeking to avoid the policy payment.  Rescission is a favored strategy of the life insurance company, if the policy was issued less than two years before the death.

We can help. Call LifeInsuranceLawyerNOW.com at(888) 997-4070, or(818) 937-0937, or send an email to us in the form on the side of the screen. We are highly experienced lawyers, not paralegals. We get right to it with you and the insurance company, and get many claims paid right away. If court is necessary, we are regular Federal litigators and will push the life insurance company hard for the well being of you and your family. We respect you, deal directly with you, and understand not only the law and facts, but what you are going through. We are here to help. Contact us as soon as possible to get your claim paid.

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IF ERISA Applies, You Need A Lawyer NOW

IF ERISA Applies, You Need A Lawyer NOW

Why is a lawyer needed if ERISA is involved? ERISA cases are very complicated – If ERISA Applies, You Need a Lawyer NOW – and below are 5 reasons why. The life insurer has experienced attorneys. Don’t fight them alone.

  1. With ERISA, it is especially important to do all the litigation, investigation, location of key facts, to put those facts in front of the insurance company. 

2. When a lawyer litigates an ERISA case, the ability to put new facts and evidence before the Federal Judge is extremely limited.  If you are already through an appeal – which was not reversed –  getting us involved right now is very important. 

3. The trial of an ERISA life insurance claim or other employee benefit claim in a Federal Court is very limited. 

4. It is crucial that the available facts be put before the life insurance company first, not just in Court.

5. Keep in mind, the life insurance company adjusts thousands of ERISA life insurance claims a year.

Insurance companies have been doing this for years,  and they have dozens of lawyers working for them, with their goal being avoiding making any and all payments. 

The biggest mistake a client can make is trying to be their own attorney or hiring an inexperienced one in an ERISA case. After suffering the loss of a loved one, these complicated legal matters are best in the hands and minds of experts. Trying to go head to head against a billion dollar life insurance company, especially in the complicated sub-area of ERISA Federal litigation, while learning about it for the first time is not likely to be successful.  You owe it to yourself and your family to hire an experienced ERISA lawyer, who can give you every advantage to actually getting your life insurance claim paid.

People can have a lot of bad feelings and beliefs about lawyers, and we understand.  We work very hard to be different from other lawyers.  We are highly knowledgeable and experienced, but we aren’t here to be pompous or lecture you.  We are here to work for you, to be sure that you understand the big points of the claims process and legal contest that are going on, all the while respecting your dignity.  We are direct and candid with our clients, and we try hard to explain the process in a way that makes sense.

We are extremely diligent and creative in the preparation of your case.  This is where the foundation for winning and for getting your claim paid is made.  We get medical information and documents, and use experts to assist on medical issues as needed.  We are careful about finding additional documents and evidence to prove what we need to prove to win.  We are creative about how to show the winning arguments in a way that is more persuasive than others will do.

We have done this a lot.  We take the time to know you and your case.  We start working for you NOW.  We communicate with you, respond to your calls, are available to you.  We focus on how to win your case.  If you have a problem getting your life insurance claim paid, rescission, beneficiary disputes, or your policy has been cancelled or has other issues on it, you need to contact Life Insurance Lawyer NOW.com or life insurance justice.com.  Use the form on our site, or email us, or call (888) 997-4070 or (818) 937-0937 to speak directly to an experienced life insurance lawyer.   We are the best life insurance lawyers around, and we are real lawyers, not a lawyer referral service or “middleman”, we are here for you NOW.

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ERISA And Life Insurance Claims Denial – 5 Key Facts

ERISA And Life Insurance Claims Denial – 5 Key Facts

ERISA is used by the life insurance industry specifically to for life insurance claim denials. Here’s how ERISA and Life Insurance Claims Denial matters to your Life Insurance Claim.

  1. ERISA is the reference to the Employee Retirement Income Security Act of 1974. ERISA is a Federal Law that regulates private employers’ retirement plans, life insurance, disability insurance, and other benefits..

2. While ERISA seems to provide security to employees who have insurance benefits, the reality is that ERISA is used defensively by large insurance companies to deny claims.

3. Large insurance companies use ERISA to make employees lose their rights to insurance coverage payments by creating abstract, uncommon requirements which can cause employees to make mistakes.

4. ERISA creates timing requirements that get very complicated for ordinary people, and are very different from a regular trial.

Many times, our clients have a family member who was covered under a group policy under which they seek life insurance benefits and/or accidental death insurance benefits.  Those benefits are precisely from an employee welfare benefit plan that is established and maintained by the employer.  The plan is therefore covered by ERISA. 

See 29 U.S.C. 1002(1) (defining an “employee welfare benefit plan”); Credit Managers Ass’n v. Kennesaw Life & Accident Insurance Company 809 F.2d 617, 625 (9th Cir. 1987) (“Even if an employer does nothing more than arrange for a ‘group-type’ insurance program, ‘ it can establish an ERISA plan. . .”).

5. State Law Causes Of Actions Are Preempted By Federal Law. 

These laws and Federal Court precedents create a maze to get to your beneficiary claim paid.  These are tricky requirements that the life insurance companies enforce to the letter – and all of these complications are used by the insurer to their advantage – and falling into the trap of these complicated rules and Court findings can lead to a claims denial from the insurer.

We know these complicated rules and regulations very well, and work hard to make the system not sting you and your family – just when you need the payment the most and have been denied your benefit claim.

See Pilot Life Insurance Company v. Dedeaus, 481 U.S. 41, 56 (1987) (“all suits brought by beneficiaries or participants asserting improper processing of claims under ERISA-regulated plas [must] be treated as federal questions governed by §502(a).”).  Ellenburg v. Brockway Inc., 763 F.2d 1091, 1095 (9th Cir. 1985) (reiterating that the Ninth Circuit hold that ERISA preempts contractual and tort based state law claims..  See Pilot Life, 482 U.S. at 55, Mass. Mutual Life Insurance Company v. Russell, 473 U.S. 134-148 (1985).

We have done this a lot.  We take the time to know you and your case.  We start working for you NOW.  We communicate with you, respond to your calls, are available to you.  We focus on how to win your ERISA and Life Insurance Claims Denial case.  If you have a problem getting your life insurance claim paid, rescission, beneficiary disputes, or your policy has been cancelled or has other issues on it, you need to contact Life Insurance Lawyer NOW.com or life insurance justice.com. Use the form on our site, or email us, or call (888) 997-4070 or (818) 937-0937 to speak directly to an experienced life insurance lawyer for a free consultation.   We are the best life insurance lawyers around, and we are real lawyers, not a lawyer referral service or “middleman”, we are here for you NOW.

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3 Key Reasons Why You Need An ERISA Expert

3 Key Reasons Why You Need An ERISA Expert

Does Your Employer or Insurance Company Suddenly Say ERISA to You? What does ERISA mean? 3 Key Reasons Why You Need an ERISA Expert!


1. ERISA is something you may start to hear when you have problems with your insurance payments. ERISA started as something to supposedly help workers and their families, but has become a very complicated, pro-insurance company set of laws.

Very few lawyers are knowledgeable about ERISA policies and plans.  These cases go straight to Federal Court, in the United States District Court.  Only 3-4% of lawyers practicing regularly go to Federal Court, and know the complicated, special rules that exist there.

If you are having a problem with insurance, life insurance or otherwise, and ERISA is involved, you need an attorney like us, who specialize in these insurance cases.  These are the reasons why you need an ERISA expert.

2. ERISA is an employment benefit insurance policy or plan.  That means, you get the life insurance or other insurance as part of the benefits from your employer.

3. ERISA started in the 1970’s as a law to protect workers.  These days, it has become so highly specialized and unique, that it is usually used against the unsuspecting and unprepared. 

If Your Insurance Claim Involves ERISA, You Need a Lawyer who is an Expert.

ERISA is incredibly specialized.  It relates to Federal common law, and Federal trust law, and then as to contracts for employment benefits.  The history of ERISA litigation is twists and turns, and of employees who are not getting their benefits paid.  Even the Court review is anything other than an ordinary person or ordinary lawyer would expect.  Special care must be done immediately, before an ERISA appeal, to prepare such a claim for review.

We urge you not to take on an insurance company and ERISA yourself, or with an ordinary lawyer.  ERISA is highly specialized, peculiar, and demanding.  You get one shot to get all the facts that help you into the insurance file–this isn’t like ordinary civil litigation.

Don’t risk it–get an ERISA Expert Life Insurance Lawyer on Your Side Now.

We have done this a lot.  We take the time to know you and your case.  We start working for you NOW.  We communicate with you, respond to your calls, are available to you.  We focus on how to win your case.  If you have a problem getting your life insurance claim paid, rescission, beneficiary disputes, or your policy has been cancelled or has other issues on it, you need to contact Life Insurance Lawyer NOW.com or life insurance justice.com.  Use the form on our site, or email us, or call (888) 997-4070 or (818) 937-0937 to speak directly to an experienced life insurance lawyer.   We are the best life insurance lawyers around, and we are real lawyers, not a lawyer referral service or “middleman”, we are here for you NOW.

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Why You Need Your Own Expert Life Insurance Lawyer

Why You Need Your Own Expert Life Insurance Lawyer

The life insurance company already has one – and most likely, a very experienced one – and that’s just one reason why you need your own expert life insurance lawyer.

Every significant life insurance claim that the life insurance company seeks to deny is run through the lawyer’s office, looking for ways to strengthen their denial and therefore not paying you. It’s going to take an expert to defeat them – and that’s where we come in.

That doesn’t mean the Insurers denial is legal or permissible – the life insurance company is just making their own defense stronger. 

You really need to have an experienced life insurance lawyer, who knows the California law and regulations, to go fight for your benefits.  If your life insurance claim is already denied, or on the road to denial, you really need us.  Because we are a California life insurance lawyer, and ready to start NOW, we are here for you. The Life Insurance Companies have numerous tactics to deny your policy benefits.

WE have been on the other side – that of the Life Insurance Company – and we know how they work.

While the calls and information that you get from the life insurance company may not make sense, to their life insurance lawyer, it is all part of the game plan.  The company is on the “road to denial” of your life insurance claim,  pure and simple.  It is easy for a life insurance company to pay a claim – they just do it.

Have you received a Cancellation notice from the insurance company? For a life insurance policy in California, the life insurance company has to send a “Notice of Cancellation for Non-payment” to the insured–and anyone else designated for notice on the policy.

Denials take more time and more of the life insurance company attorney game plan.  We are qualified to undo your life insurance claim denial,  and to get your claim back into the payment side of the life insurance company.  Our hard work will show the facts that support payment, and to dispute the wrongful allegations of the life insurance company, are best started NOW, before any more time goes by. That’s why you need your own expert life insurance lawyer.

Why it is Better for You to Consult Us Earlier, not Later

Life insurance companies like to follow their processes to deny a claim.  They company position is that once the process has been followed, and they have denied your life insurance claim, then something has to happen to change their mind.  Like a person who is set in their opinion,  much more persuasion must be made to get a life insurance company to undo a life insurance claim denial.  We are life insurance lawyers who really know how to get the life insurance company to pay before the denial, and we can do it after the denial, too, but that is always a bigger challenge – to change the made up mind.

We know the life insurance company plan for denial of your claim –  an endless stream of requests for additional documents, various papers to be signed, all designed to waste your time and frustrate you – all while they seem to be caring, understanding, genuine, and nice.    We know the life insurance company claim denial plan, and we know how to get them into the claim payment position.  This is specialized work; you need a real California life insurance lawyer NOW to help on your claim, to take the worry off of you, and to get the payment you deserve.

We have done this a lot.  We take the time to know you and your case.  We start working for you NOW.  We communicate with you, respond to your calls, are available to you.  We focus on how to win your case.  If you have a problem getting your life insurance claim paid, rescission, beneficiary disputes, or your policy has been cancelled or has other issues on it, you need to contact Life Insurance Lawyer NOW.com or life insurance justice.com.  Use the form on our site, or email us, or call (888) 997-4070 or (818) 937-0937 to speak directly to an experienced life insurance lawyer.   We are the best life insurance lawyers around, and we are real lawyers, not a lawyer referral service or “middleman”, we are here for you NOW.

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Life Insurance Company Medical Records Request

Life Insurance Company Medical Records Request

On top of all the coercive life insurance policy investigations we see, one that is on the top of the list is the Life Insurance Company Medical Records Request – and that just one way the Life Insurance Company will try to deny your claim.

Why Do Insurers Seek Medical Records?

There is no justification for the life insurance company to seek the medical records after a person passes away if they actually want to pay the policy.  The only reason that the life insurance company sends medical authorizations for someone else to sign, is to get records to argue that the person made misrepresentations in the life insurance application – and that they should not get paid.

The Goal of the Life Insurance Company is to NOT pay Your Claim.

We have seen life insurance companies demand that beneficiaries sign on the dotted line, when they have no obligation to sign a medical authorization.  Sometimes the life insurance companies say they need the medical authorization so they “can pay the claim” or “as a regular part of their investigation” or “to help you.”  Each of these statements is false, or incomplete.

Signing A Life Insurance Company Medical Records Request Only Helps The Insurer.  

It is only to help the insurer in gathering information to support their position in not paying you a dime. 

Don’t give the insurer evidence to deny your claim. That’s exactly what a Life Insurance Company Medical Records Request is aiming to do.

The life insurance company demands the medical records authorization for one reason only:  to look for anything to use against you, and to avoid paying your claim for life insurance benefits.  The medical authorization never helps you, it is only to create something, anything, that the life insurance company can use to avoid paying you.  They are experts in tricking and wasting time.  We can help, preventing the unrequired provision of a medical authorization, and getting your benefits paid right away, NOW.

We have done this a lot.  We take the time to know you and your case.  We start working for you NOW.  We communicate with you, respond to your calls, are available to you.  We focus on how to win your case.  If you have a problem getting your life insurance claim paid, rescission, beneficiary disputes, or your policy has been cancelled or has other issues on it, you need to contact Life Insurance Lawyer NOW.com or life insurance justice.com.  Use the form on our site, or email us, or call (888) 997-4070 or (818) 937-0937 to speak directly to an experienced life insurance lawyer.   We are the best life insurance lawyers around, and we are real lawyers, not a lawyer referral service or “middleman”, we are here for you NOW.