Maximum Recovery-MINIMUM TIMe™

We have the experience to get the results you need

(312)766-1000

Scott Blumenshine Personal Injury attorney

No fee unless you win

Injured in an accident?

Talk to a Chicago personal injury attorney today — free and confidential.

Get your free consultation

Contact us

(312) 766-1000

Available 24/7 — free case review

117 N Jefferson St, Suite 203
Chicago, IL 60661

testimonials

Gina U.

The Blumenshine Law Group was such a blessing! During a very hard time, they walked alongside me with total support. They were patient, informative, helpful, and caring. If you are looking for an honest group with a wealth of knowledge, Blumenshine Law Group should be your top choice! 

Natalie A. 

I was in an accident and hired this law firm to represent me, I was very satisfied with the outcome. If I have more legal needs in the future I will give them a call.

What Should You Know After a Life Insurance Claim Is Denied?

A denied life insurance claim does not always mean the insurance company is right.

Insurers may deny or delay payment for many reasons, including alleged misrepresentations on the application, claimed policy lapse, contestability-period review, beneficiary disputes, missing paperwork, or disagreement over whether the policy was active when the insured person died.

Before accepting the denial, it is important to review the policy, the insurer’s stated reason, and the documents supporting the claim.

What Should You Do First?

Start by saving the denial letter and every communication from the insurance company. Then gather the key documents, including the life insurance policy, application, death certificate, premium payment records, beneficiary forms, and claim correspondence.

If the life insurance policy came through an employer, also look for the plan documents and Summary Plan Description. Employer-provided policies may involve ERISA rules, which can affect deadlines, appeals, and how the claim is handled.

Does the Type of Policy Matter?

Yes. The type of life insurance policy can make a major difference.

Employer-sponsored life insurance claims are often governed by ERISA and may require an administrative appeal before a lawsuit can be filed. Individually purchased life insurance policies are usually handled under Illinois contract and insurance law.

That distinction matters because the deadlines, appeal process, available evidence, and legal options may be different.

When Should You Contact a Lawyer?

You should have a denied, delayed, or disputed life insurance claim reviewed as soon as possible. Early legal review can help identify deadlines, preserve evidence, evaluate the insurer’s reason for denial, and determine whether the company followed the policy and applicable law.

Blumenshine Law Group reviews life insurance claim disputes in Chicago and throughout Illinois, including denied claims, delayed claims, beneficiary disputes, lapse disputes, and contestability-period denials.

Call (312) 766-1000 for a free consultation.

life insurance denied

What to Do After a Life Insurance Claim Denial

If a life insurance company denied your claim, take these steps as soon as possible:

  • Save the denial letter immediately. It may explain the insurer’s stated reason for denying benefits and identify important deadlines.
  • Find out what type of policy is involved. Employer-sponsored life insurance claims may follow different rules than individually purchased policies.
  • Gather the key documents. Useful records often include the policy, application, denial letter, death certificate, premium payment records, beneficiary forms, and any plan documents.
  • Do not assume the denial is final. Many denials involve disputes over lapse, beneficiary status, alleged misrepresentation, exclusions, or policy interpretation.
  • Act quickly. Delay can make it harder to preserve rights, meet deadlines, and build the strongest possible claim.
  • Have the denial reviewed by a lawyer. Early review can help identify whether the insurer followed the policy, whether an appeal is required, and what evidence is needed next.

Why Experience Matters in Life Insurance Denial Cases

Life insurance denial cases usually depend on the exact wording of the policy, important deadlines, claim procedures, and the supporting evidence provided by the beneficiary. These cases can become even more complicated when the denial involves employer-sponsored coverage, alleged misrepresentation, contested beneficiaries, or questions about whether the policy lapsed.

Blumenshine Law Group represents policyholders and beneficiaries in insurance disputes and helps evaluate denied life insurance claims under both Illinois law and, when applicable, ERISA-governed plans. Early legal review can help identify the correct path forward, preserve deadlines, and develop the evidence needed to challenge the denial.

Why Are Life Insurance Claims Denied?

Life insurance companies deny claims for many reasons, but a denial does not automatically mean the insurer’s decision is valid. In many cases, the real dispute is whether the insurance company correctly interpreted the policy, reviewed the available records fairly, and followed the procedures required by the policy and applicable law.

Common denial grounds include:

  • Material misrepresentation: The insurer claims the deceased gave inaccurate information in the application, such as medical history, tobacco use, or other health-related facts.
  • Contestability-period disputes: Claims arising during the first two years of coverage may receive closer scrutiny if the insurer believes the application contained material omissions or misstatements.
  • Policy lapse disputes: The insurer may claim premiums were not paid or that the grace period expired, even when the payment history or notice record is open to challenge.
  • Beneficiary disputes: Conflicts may arise over who is legally entitled to receive the policy proceeds.
  • Exclusions: The insurer may rely on exclusions involving suicide clauses, illegal acts, or other policy-specific limitations.
  • Coverage interpretation disputes: Some denials turn on whether the insurer is reading the policy language fairly and consistently with the available evidence.

A careful review of the denial letter, policy language, payment history, claim file, and supporting records is often necessary before accepting the denial as final.

Understanding ERISA vs. Non-ERISA Life Insurance Claims

If your denied life insurance claim involves an employer-sponsored policy governed by ERISA, the appeal deadline is controlled by the plan documents and denial letter. In many cases, claimants have 180 days to submit an administrative appeal, but you should never assume the deadline without reviewing the actual plan materials. Missing the appeal deadline can seriously damage or even eliminate your ability to continue the claim, so it is important to act quickly.

In Illinois, the “rules of the fight” depend entirely on how you received the policy. Use the table below to see which path your claim is on.

Why the Timeline Matters: In ERISA cases, deadlines are controlled by the plan documents and denial letter, and missing them can seriously harm your rights. In privately purchased Illinois life insurance cases, different contractual and legal deadlines may apply, but delay can still make it harder to gather records and challenge the denial effectively. Reviewing the denial promptly is one of the most important early steps.

ERISA life insurance claim

  • Usually provided through an employer or employee benefits package
  • Governed primarily by federal law, usually ERISA
  • Often requires an administrative appeal before suit
  • Often litigated in federal court
  • In many cases, the administrative appeal deadline is 180 days
  • Remedies may include policy benefits and, in some cases, attorney fees

Private life insurance claim

  • Usually purchased directly from an agent or insurance company
  • Governed primarily by Illinois contract and insurance law
  • Appeal and lawsuit procedures depend on the policy and applicable law
  • Often litigated in Illinois state court
  • Deadlines vary based on policy terms and state-law rules
  • Remedies may include policy benefits and, in some cases, potential Section 155 relief for unreasonable delay or denial

Important: If your policy is governed by ERISA, the administrative appeal phase may be one of the most important parts of the case because the evidence submitted at that stage can significantly affect what happens later.

⚠️ CRITICAL NOTICE: If your policy is an ERISA plan, you must exhaust the “Administrative Appeal” process before you can sue. This is a trap for many beneficiaries: if you don’t submit all your evidence during this phase, a judge may never be able to review it.

Legal Rules That May Apply to a Life Insurance Denial

The legal rules that apply to a denied life insurance claim depend first on how the policy was obtained. Employer-provided group life insurance is often governed by ERISA, a federal law that generally requires beneficiaries to complete the administrative appeal process before filing suit. Because the applicable deadline and required procedures are controlled by the plan documents and denial notice, the denial should be reviewed promptly.

Individually purchased life insurance policies are typically governed by Illinois contract and insurance law. In some Illinois cases, an insurer that unreasonably delays or denies payment may face exposure under Section 155 of the Illinois Insurance Code, depending on the type of policy, the nature of the denial, and whether state law applies.

Our Success in Life Insurance Recovery

The Disputed Beneficiary Case ($550,000 Recovery)

  • Problem: A life insurance company and the decedent’s father disputed a claim for policy proceeds exceeding $1,000,000, leaving the intended beneficiary, the deceased man’s ex-wife, without the funds she was legally owed.
  • Action: Blumenshine Law Group initiated a federal court mediation. We provided evidence establishing the ex-wife’s legal standing as the rightful beneficiary despite conflicting claims and the insurer’s resistance.
  • Result: Successfully mediated a $550,000 settlement for our client, securing her financial future during a time of significant personal loss.

The “Material Misrepresentation” Overturn

  • Problem: After a husband’s passing, the insurer denied a life insurance claim by alleging the deceased had made a “material misrepresentation” about his medical history on his application years prior.
  • Action: Our attorneys audited the original application and medical records. We argued that the questions asked were subjective and that the deceased had no knowledge of a diagnosed condition at the time of signing.
  • Result: We successfully overturned the denial, forcing the insurer to pay the full policy limits to the grieving widow.

Past results do not guarantee a similar outcome. Every case is unique and must be judged on its own merits.

Insurance companies and bad faith video

What Documents to Gather After a Life Insurance Claim Denial

To help us evaluate your claim, please have the following ready:

  • The Formal Denial Letter: This contains the specific policy provisions the insurer is using to reject your claim.
  • The Policy “Summary Plan Description” (SPD): This is required for workplace (ERISA) plans and dictates your appeal rights.
  • A Certified Death Certificate: This verifies the cause of death and timing relative to the “Contestability Period.”
  • Proof of Premium Payments: Pay stubs or bank statements showing the policy was active and in good standing.

Contact a Chicago Life Insurance Attorney

If your life insurance claim has been denied, delayed, or disputed, Blumenshine Law Group can review the policy, denial letter, and supporting documents to help determine the best next step. Early review can be especially important when the claim involves ERISA deadlines, beneficiary disputes, lapse allegations, or questions about policy interpretation.

To discuss your situation, contact Blumenshine Law Group by phone or text at (312) 766-1000, by email at [email protected], or through the firm’s online contact form.

Life Insurance Claim FAQs

What happens if my life insurance premium is unpaid?

If your life insurance premium remains unpaid, the policy may lapse, resulting in the loss of coverage. Some policies offer a grace period or alternatives to avoid lapsing.

What are the most common reasons for a life insurance claim denial in Chicago?

Life insurance companies in Illinois often deny claims due to “material misrepresentation” on the application, supposed policy lapses during the grace period, or disputes regarding the cause of death. Our life insurance denial lawyers focus on auditing the insurer’s records to prove the policy was active and the application was truthful.

How long do I have to appeal a denied ERISA life insurance claim?

The deadline depends on the plan documents and denial letter. In many ERISA life insurance cases, the appeal period is 180 days, but beneficiaries should not rely on a general rule without confirming the exact deadline in the policy materials and denial notice.

What is Illinois Insurance Code Section 155?

Section 155 is an Illinois law that may allow policyholders or beneficiaries to seek additional relief when an insurance company’s delay or denial is unreasonable or vexatious.

What documents should I bring to a life insurance attorney?

Bring the denial letter, the full policy, any Summary Plan Description, premium payment records, the death certificate, claim forms, and all correspondence from the insurance company.

What types of cases do life insurance attorneys handle?

We handle numerous life insurance cases, including claims denials, beneficiary disputes, coverage disputes, and allegations of bad faith insurance practices. We have experience dealing with various insurance companies and can provide legal representation to protect your interests.

Scott Blumenshine | Founding Partner. Scott has decades of experience handling insurance disputes and life insurance claim issues in Illinois. He has authored legislative amendments to the Illinois Insurance Code and serves as an arbitrator for the American Arbitration Association. Scott earned his J.D. from IIT Chicago-Kent College of Law and has recovered millions of dollars for beneficiaries and policyholders.

Free Case Consultation

Please provide your information to questions in the form or call

(312)766-1000

(24/7)

Se habla español


By submitting form you agree to receive email, SMS and phone communication from Blumenshine Law Group. The information contained in the website should not be considered legal advice. The best guidance for your specific legal issue is to contact one of our lawyers.