Strong Advocacy for Beneficiaries of Mississippi Life Insurance Policies
Helping families of deceased policyholders get the money they deserve
If you are the beneficiary of a life insurance policy, your loved one likely intended the proceeds to help cover expenses and support you after their death. You deserve to have their wishes honored by having their life insurance carrier make timely payments for the full amount due under the policy.
The attorneys at McWherter Scott & Bobbitt have more than 75 years of combined experience helping families and insureds get the money they deserve. We represent spouses, children, and others who are named as beneficiaries under life insurance policies. We want to help.
Common life insurance policy matters
A person normally purchases life insurance to cover the following items:
- Any funeral or hospital bills
- Any debts they may have, such as a mortgage
- The money the survivors will need for education, for daily living, and for enjoyment of life
Insurance policies generally require the life insurance company to pay a lump sum, such as $100,000, when the decedent passes away. Unfortunately, some insurance companies try inventive ways to get out of their obligation to pay. Common insurance company defense strategies that our Mississippi life insurance dispute lawyers prepare for include:
- Nonpayment of premiums
- A material misrepresentation or omission in the application, such as failing to disclose heart disease when asked
- A claim that the death was self-inflicted
While all of these may be valid defenses under the appropriate circumstances, the correct claim decision is not always black and white.
At McWherter Scott & Bobbitt, we verify the important records and contest any claims that are denied without merit. If the insurance carrier takes an unreasonable position in the hope that the beneficiary is cash-poor and wants a quick settlement, we bring claims for bad faith if appropriate.
How does a life insurance company contest a claim in Mississippi?
A carrier cannot walk away from a policy it has been collecting premiums on without a valid policy provision or legal ground.
- The contestability period. Most policies let the carrier reinvestigate the application for a stated period after issue. A claim filed inside that window may trigger a full underwriting review in which medical records, pharmacy history and sometimes employment records are read line by line against what was written on the application.
- Materiality. Finding an error is not enough. The carrier has to show the misstatement mattered — that it would have priced the policy differently or declined to issue it.
- Rescission. If the carrier concludes the misstatement was material, it may rescind, refunding the premiums and treating the policy as though it never existed. A refund check arriving with the denial letter is the carrier’s position, not a payment.
- The self-inflicted death defense. A suicide exclusion usually runs only for a stated period after the policy issues, and the carrier carries the burden of proving it applies.
What if the life insurance policy came through your job?
Group life through an employer may look simpler than an individual policy but can produce complex denials. Three problems come up repeatedly.
- Coverage that ended before the death. Group life usually terminates when employment ends, and often when hours drop below the plan’s threshold. Plans typically offer conversion or portability with a short window to elect it, and the fight is usually over whether anyone told the employee that.
- Evidence of insurability. Coverage above the plan’s guaranteed-issue amount typically requires medical underwriting. Employers sometimes deduct premiums for the higher amount without the carrier ever approving it, and the gap surfaces only after the death.
- ERISA. Most employer plans are governed by the Employee Retirement Income Security Act of 1974. That changes the procedure: you generally file a written appeal before you can sue, the case is usually heard in federal court, and the court often reviews only the record built during that appeal.
Speak with a professional life insurance dispute attorney serving Mississippi today
Do not make the mistake of accepting a quick settlement. No one should assume the insurance company has their best interest at heart. An experienced Mississippi life insurance dispute attorney helps beneficiaries get the full insurance proceeds they deserve. For help with your claim, please call McWherter Scott & Bobbitt at 731-664-1340 or complete our contact form for an appointment.