Was Your Berkshire Life Insurance Claim Denied?
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Berkshire Life and other life insurance companies are required to pay out claims that qualify according to the terms of their policies. Berkshire is only allowed to reject claims on certain grounds, many of which only apply if the claim is triggered within a certain time period. Despite these limitations, many life insurance companies try to manipulate and misinterpret the terms of their policies in order to find a way to deny a claim. They will twist the words in the policy, go against the medical consensus in the industry, and even distort the facts of the case if they believe they can avoid a payout by doing so.
If your life insurance claim has been rejected by Berkshire Life, you do not have to deal with the consequences alone. A seasoned and effective life insurance claim denial attorney at Gianelli & Morris can help you fight back against the denial. Wrongful insurance claim denial should not go unanswered, and we won’t let it.
Who is Berkshire Life?
The Berkshire Life Insurance Company merged with Guardian Life Insurance Company of America in 2001. As of now, Guardian owns the newly-formed Berkshire Life Insurance Company of America (Berkshire Life) as a stock subsidiary. Combined, Guardian and Berkshire earn more than $400 billion a year in net income. Berkshire/Guardian is one of the largest providers of insurance in the country, selling products including short-term and long-term disability as well as group and term life insurance, and covering both individual and employer-provided group insurance.
Like other major insurance companies, Berkshire Life has been known to utilize bad faith tactics to delay or deny coverage for otherwise legitimate claims. If you have had a life insurance claim denied by Berkshire Life, you are far from alone. Our dedicated life insurance claim denial attorneys are ready to help.
Why Does Berkshire Life Deny Claims?
Berkshire Life might look for any reason to deny a life insurance claim, whether that reason is legitimate or otherwise. Common reasons for denial include:
- Excluded cause of death, such as suicide or criminal activity
- Policy lapse due to missed premiums
- Beneficiary involvement in the death
- The policy can be rescinded due to problems with the application
Whatever the stated justification, you do not need to take Berkshire’s word at face value. You have the right to contest a denial and hold Berkshire to task for any bad faith conduct. The dedicated insurance claim denial attorneys at Gianelli & Morris can help.
The Two-Year Contestability Period for California Life Insurance Claims
As mentioned, insurance companies will sometimes seek to “rescind” a policy rather than issue a standard claim denial. Rescission of a policy can occur when the policy was invalid at the time it was established; the insurer will cancel the contract, refund any premiums paid, and deny any outstanding claims. Rescission can happen even after a claim has been triggered if the requirements are met. Insurers can rescind a policy if there was a material misstatement or omission on the original life insurance application, such as if the applicant lied about their medical history, their alcohol or drug habits, or their propensity for dangerous activities such as skydiving.
In California, however, insurers can only rescind a life insurance policy within two years of when the policy is established. They can do so at any time within those two years, although they often wait until a claim is triggered. After the two-year “contestability period,” insurers must pay out on any legitimate claim, even if they were to discover actual, flagrant misstatements on the original application. If Berkshire Life tries to rescind your policy after the two-year period has passed, you can and should fight back.
Call Gianelli & Morris After a Claim Denial by Berkshire Life Insurance
If someone you love has passed and your life insurance claim has been denied by Berkshire Life or another California life insurance company, contact the knowledgeable and talented Los Angeles insurance denial lawyers Gianelli & Morris for a no-cost evaluation of your claim at 213-489-1600.