Denial of Whole Life Insurance Policy

I am often contacted by potential clients who are surprised to learn that the whole life insurance policy (that their family member had been paying for over many years) allegedly lapsed shortly before the insured’s death.

The lapse allegation often stems from the fact that the cost to maintain the policy increases as the insured ages. The premiums can become quite high when the insured reached their 70s or 80s, for example. Often insurance sales people do not adequately explain that monthly premiums the insured has paid for years or even decades will not be nearly enough to cover the increasing premiums. In fact, I have personally had an insurance salesperson tell me that premiums do not increase on a particular whole life policy when that was actually untrue.

When the increasing “cost of insurance” eclipses premium payments, the policy’s cash value will be reduced. If a loan was taken out against the cash value, the loan payments (including interest) will further erode what remains of the cash value.

When the insured is on death’s doorstep they may not be in a position to handle their finances and, in particular to, replenish the case value in their whole life policy such that it remains in force.

This confluence of factors leads to the insured potentially losing their life insurance coverage at the very worst time i.e. shortly before their death.

However, there are laws in place to potentially protect beneficiaries from suffering from this ill-timed and unfair consequence.

If your loved on died within close proximity to their whole life insurance policy, or term life insurance policy, allegedly lapsing, it is highly recommended that you contact me at 612-808-9082 or msanti@santicerny.com. Do not simply believe the life insurance company when then allege that the policy has lapsed and there is nothing that can be done. I have changed their stance many, many times.

Do Life Insurance Companies have to Pay Interest on Death Benefits in Minnesota?

Yes, under Minnesota Statutes 61A.011 life insurance companies must pay interest on death benefits.

What rate of interest are life insurance companies required to pay?

The “insurer shall pay interest at a rate not less than the then current rate of interest on death proceeds left on deposit with the insurer, computed from the insured's death until the date of payment... If the insurer has no established current rate of interest for death proceeds left on deposit with the insurer, then the rate of interest to be paid under this subdivision shall be the rate of interest charged by the insurer to policyholders for loans under the insurer's policies.  Minn. Stat. §61A.011 Subd. 1.

Enhanced Interest Payment:  “if an insurer admitted to transact life insurance in [Minnesota] does not pay within 60 days after receipt of due proof of death of the insured, the proceeds or payments under any policy of life insurance, individual or group, such insurer shall pay interest at an annual rate that is two percent more than the rate of interest provided for in subdivision 1. Such interest shall be computed from the date of the insured's death until the date of payment, on any such proceeds or payments payable to a beneficiary residing in this state, or to a beneficiary under a policy issued in this state or to a beneficiary under a policy insuring a person resident in this state at the time of death. Stat. §61A.011 Subd. 2 [emphasis added]. 

Which life insurance companies does this rule apply to?

Any insurer admitted to transact life insurance in Minnesota must pay post-mortem interest.

What type if life insurance policies must pay post-mortem interest in Minnesota?

Individual and group policies.

Minnesota life insurance attorney Mark Santi holds life insurance companies accountable for failing to pay the correct interest due on death benefits.

 

Contact Minnesota life insurance lawyer Mark Santi if you are experiencing difficulties obtaining life insurance proceeds.

How to Recover Denied Life Insurance Claims in Minnesota

Did your loved one pay life insurance premiums for years or even decades? Were you relying on life insurance proceeds to support your family or fund your retirement? Has a Minnesota insurance company denied your claim? Unfortunately, this occurs all to often.

Life insurance companies promote themselves as being ‘there for you,’ providing peace of mind, and affording financial security to your family. They say all of the right things to sell you their expensive and sometimes complex insurance products. Sometimes insurance is sold to you by a financial advisor or purchased as a component of a more complex product such as a Variable Universal Life policy. Sadly, when the time comes for a policyholder or investor to collect on life insurance claims, they all to often see a different side of their ‘trusted’ insurance company. They find a greedy and brutal adversary who will go to great lengths to avoid paying benefits.

You will likely need an experienced Minnesota life insurance attorney to file a claim for breach of contract and potentially breach of fiduciary duty.

If you were denied payment on a life insurance policy of $100,000 or greater, contact Mark Santi immediately.