Life Insurance Lawyer Oregon

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Some ways to fight a denied life insurance claim due to alcohol or drugs:

Challenge the findings: If the insurance company relied on toxicology reports to deny the claim, you may want to challenge the accuracy of those findings. Toxicology reports are not always 100% accurate, and there may be errors or omissions in the testing or analysis process.
Hire an attorney: A life insurance attorney can help you fight the denial by challenging the insurance company's decision and advocating for your rights.
Review the policy: Review the policy to see if there are any specific exclusions or limitations related to alcohol or drug use. If the policy does not specifically exclude death due to alcohol or drug use, the insurance company may have improperly denied the claim.
Seek medical records: If the insured person had a medical condition that contributed to their death, you may want to obtain medical records to support your claim. If the insured person was receiving treatment for addiction or substance abuse, these records may also be relevant.
Review the application: Review the application to see if the insured person provided accurate information about their alcohol or drug use. If the insurance company relied on false information to deny the claim, you may be able to challenge the decision.
Seek expert testimony: You may want to consult with an expert in the field of addiction or substance abuse to provide testimony that supports your claim.
Challenge the cause of death: If the cause of death is disputed, you may want to challenge the insurance company's determination and provide evidence to support your position.
Challenge the denial: You can challenge the denial by providing evidence that the insured person's alcohol or drug use did not contribute to their death.
Obtain witness statements: If there were witnesses to the insured person's death, their statements may be useful in challenging the denial.
Challenge the medical examiner's report: If the medical examiner's report is inconsistent with the insured person's medical history, you may want to challenge the findings and provide additional evidence to support your position.
Obtain an independent medical evaluation: You may want to obtain an independent medical evaluation to support your claim and provide evidence that the insured person's death was not related to alcohol or drug use.
Argue that the policy does not specifically exclude death due to alcohol or drug use: If the policy does not specifically exclude death due to alcohol or drug use, you may be able to argue that the insurance company improperly denied the claim.
Argue that the insured person was not under the influence at the time of death: If the insured person was not under the influence of alcohol or drugs at the time of their death, you may be able to challenge the denial.
Obtain a second toxicology report: You may want to obtain a second toxicology report to challenge the accuracy of the first report.

Call us at 800-330-2274 for a free consultation.

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2023-2024 Life Insurance Claims in Oregon Recently Settled

Genworth coronavirus death claim $107,000.00
First Capital Life contestable peroid $55,000.00
State Farm COVID-19 death denial $201,000.00
AETNA Life intoxication rejected $60,000.00
Denied AD&D claim due to drugs $13,000.00
Legion Life material misrepresentation $46,000.00
Choice Mutual Life insurance exclusions $150,000.00
Manhattan Life cancer misrepresentation $30,000.00
Accidental Death & Dismemberment claim $800,000.00
Effortless Life wrong age on application $64,000.00
Confederation Life insurance suicide exclusion $25,000.00
Mutual Benefit Life lapse of policy nonpayment $12,000.00
Mid Continental Life power of attorney change $88,000.00
Allianz Life contestable period rejection $249,000.00
Foresters Financial Life sickness exclusion $51,000.00
Mass shooting Oregon denied claim $167,000.00

Pacific Life suicide and/or self-inflicted injury $372,000
Globe alcohol exclusion drunk driving $108,000.00
Principal bad faith life insurance $315,000.00
SGLI wife versus ex-wife dispute $400,000.00
Oregon denied life insurance claim $1,360,000.00
AIG accidental death & dismemberment AD&D $506,000.00
ERISA appeal successful resolution $238,000.00
Great American autoerotic asphyxiation death $319,000.00
Denied life insurance claim Oregon $781,000.00
FEGLI appeal that we resolved $142,000.00
State Farm material misrepresentation $116,000.00
Oregon divorce and life insurance $725,000.00
Unum sickness exclusion we won $413,000.00

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Losing a loved one is hard enough but when someone you love is murdered, it can be completely devastating. Oftentimes, there are more questions than answers. Why did this happen? Who did it? Did my loved one suffer? All of these thoughts rush through one’s head constantly. Meanwhile, there can be a whirlwind of police officers and other officials poking around in your private life. The whole situation can be simply overwhelming.

Unfortunately, things can get even worse when the person who was killed was the main breadwinner in the family. Spouses and children can be left without any financial security whatsoever. While that situation can be alleviated if the deceased passed away with a life insurance policy in place, beneficiaries may be sorely disappointed when it comes to filing a claim for those benefits.

As attorneys who specialize in the wrongful denial of life insurance claims, we have come across this situation all too often. Even when it is patently obvious that the beneficiary had nothing to do with the insured’s death, the life insurance company will use the murder as an excuse not to pay out on a valid life insurance claim.

They do this, of course, because the longer they hang on to the beneficiary’s money, the more money they can make from it. For example, let’s say a person had a $1,000,000 policy on his life and died of natural causes on April 30. Normally, the insurer would have to pay out that $1,000,000 within 30 to 60 days after submission of the beneficiary’s claim.

If the same person was murdered on April 30, however, the insurance company typically would not pay out until the crime was solved and the beneficiary was cleared of any wrongdoing. That could take a year or more. Meanwhile, the life insurance company would continue to collect interest and/or investment dollars on that $1,000,000 for that much longer.

Such was the case for one family who lost their son to murder. This article takes a look at their situation and discusses what might be done to speed up payment from the life insurance company despite the murder.

A tragic end for a beloved son

The case involved a couple in their 60s named June and Norman. The pair had been married for over 40 years and had one son named Jonah. Through the years, Jonah had had his ups and downs. In his early teens, Jonah started to act out in serious ways. He was known to do drink alcohol, do drugs, and skip classes frequently.

June and Norman tried to tame their son’s behavior to no avail. Fearing that the writing was on the wall with respect to Jonah’s future, the couple decided to take out a life insurance policy on their son’s life. The policy would provide a $150,000 payout in the event of Jonah’s death, which would pay for his funeral and make up for some of the rehab expenses they had incurred.

In 2010, Jonah was in his late thirties, out of rehab, and living in his parents’ basement. While the arrangement wasn’t ideal, he figured it was better than the heroin dens he had been living in over the past few years. Jonah had a bright outlook and expressed several times that he thought he was going to succeed.

Unfortunately, that was not meant to be. Shortly after Jonah got out of rehab, one of the old drug dealers to whom he owed thousands of dollars got wind that he was living at his parents place. Just two weeks after starting his new life, Jonah was found stabbed to death in his bed. His parents, who were on visiting relatives in another state at the time the death occurred, were devastated.

An unenthusiastic police investigation

The local police were not surprised by Jonah’s demise. They had arrested him many times over the years and were skeptical he would ever live a clean life. And, while everyone suspected Jonah was killed as revenge by a drug dealer, the killer left absolutely no forensic evidence at the scene. After discovering the lack of evidence, the police were unenthusiastic about tracking down the murderer of a guy they considered to be a street thug.

June and Norman were saddened, though not surprised, by their son’s death. Nonetheless, they filed a claim with the life insurer because they didn’t have nearly the money they needed to pay for a funeral and pay off all those rehab bills. As part of their claim, they submitted all existing police and autopsy reports. While the reports noted that Jonah was stabbed to death, the police report also stated that there were no known suspects.

A few weeks after submitting the claim, June and Normal received a letter stating that the insurance company could not pay their claim because they were still considered suspects in their son’s murder. Since murderers cannot collect life insurance payouts on their victims, the insurer claimed they would not be paid until another suspect had been identified and convicted.

June and Norman contacted an attorney specializing in wrongful denial of life insurance claims. The attorney reviewed the entire situation and immediately contacted the police. He demanded that the officers verify the couple’s alibi for the night of Jonah’s murder as it was rock solid and there were pictures, receipts, and other evidence to prove they were out of state on the night in question.

With some prodding, the police cleared the couple from any wrongdoing in relatively short order. An amended police report was sent to the insurer and the couple’s attorney then fought for the insurance company to release the payout on Jonah’s policy. Within weeks, the insurance company caved and paid the policy in full.

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Unfortunately, life insurers often use the circumstances of a policyholder’s death to delay valid claims. If this has happened to you, please call our firm without delay. We deal with these situations all the time and we’re here to help.