Is Your Life Insurance Company Blaming You? In life insurance litigation, binding the insurer and making it responsible for the “brokers” or “agents” actions may make the difference between winning or losing your case and getting your life insurance benefits.
We are lawyers, highly experienced in Federal Court and State Court, on all insurance issues, including whether a life insurance agent or broker may be responsible for the problems you are having with your life insurance claims.
The first point about insurance agents and brokers (which are not the same thing) is that we try to focus litigation on the insurance company, not the agent or broker. The insurance company has the power to pay the claim, not the agent or broker. Insurance brokers and agents act as the customer contact between insurance companies and potential customers – an agent is a person who is authorized by the insurance company to sell insurance on its behalf. An agent has a separate contract with an insurance contract, detailing the agent’s authority to act, take applications and premiums, and communicate about the policies.
Is The Insurer Claiming “Application Misrepresentation”?
Misrepresentation means that the life insurance company claims that in the life insurance application “Health History Questionnaire” contains false statements and/or intentional concealments of true facts of the insured party. This means the Life Insurance Company is blaming the insured party.
Why Is Your Life Insurance Company Blaming You?
These days, insurance companies, especially life insurance companies, when asked to pay on a policy, really begin the “blame game.” Who can they blame, to avoid paying the life insurance benefits?
Are Life Insurance Policy Brokers/Agents Loyal To You?
“Brokers” sell insurance policies on behalf of more than one insurance company, and accordingly have the power to bind these insurers on coverage and other matters.
A broker is an agent of more than one company. (In particular situations, such as policies involving the sale of disability or life insurance, insurers are required to appoint agents as their own agents for a particular insurance transaction.) Usually, a life insurance agent is the agent for one company, although there are also life insurance brokers, agents for different companies.
There are so many different arrangements that it really takes a life insurance lawyer NOW to understand and work to make the system fair and reasonable, and work for you. Despite these difference, agents and brokers may look and act the same to a consumer – selling insurance policies and earning commissions based on the policies sold. There is another layer of legal issue, on whether the agent is acting as agent for you, to help you get the most appropriate insurance available. Many of the life insurance companies are not based in California and display a shocking lack of regard for the complexity of California life insurance law, Insurance Codes, and California Insurance Regulations, not to mention the many legal precedents.
This is an area we really know, better than many other lawyers, because we have argued and litigated the issue from both sides for decades.
These cases can involve discovery into the finances driving the broker’s or agent’s revenues and compensation. How does that arrangement possibly motivate a broker or an agent to recommend some policies over others? Some policies may earn the agent or broker higher commissions, which may or may not be appropriate. Agents and brokers only have liability in certain limited circumstances so you will need an experienced attorney to determine whether an agent or broker has done something that you can use to win in Court. Law is not something that just flows the way you think is reasonable, especially in the field of insurance litigation, because the life insurance companies are some of the most aggressive users of the State and Federal Courts. We know, because we have been there fighting the life insurance companies, and for you, the beneficiary, for decades.
If you have a problem getting your life insurance claim paid, 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 NOW. Use the form on our site, or email us, or call (888) 997-4070 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.