Florida Disability Insurance Lawyer

Although disability insurance is supposed to help you in your time of need, some of the largest insurance companies in the country do not make it easy for you to actually receive your benefits. When this happens to you, you need someone on your side who’s ready to fight the insurance companies for the coverage you’re due. 

At Dyson Law, PLLC, we’ve successfully pursued many cases like yours, and we can help you, too. Your Florida disability insurance lawyer knows how to handle your case and get results by using existing laws against the insurance companies themselves.

Covering Denied Claims Due to a Material Misrepresentation

The insurance company’s remedy after discovering a material misrepresentation is typically a rescission of your policy. This means that they cancel, or rescind, the policy and refund any premiums that you paid. This acts essentially as though you were never covered in the first place. 

Rescissions can be frightening for those seeking disability insurance because, not only is your safety net gone, but you’ve also been accused of lying. Unfortunately, it does happen to people seeking support, and there are several reasons why someone would misrepresent their medical condition:

• You may have forgotten about a past injury or illness you didn’t think it was important to disclose.
• You may have been too embarrassed to admit to substance abuse or addiction.
• You may have misunderstood what type of information the insurer needed to determine whether you were eligible for coverage.

For example, if you forget to list a doctor as one of your treating physicians, this could be grounds for cancellation based on material misrepresentation. To an insurance company, it may indicate there’s something wrong with your health that should have been disclosed on the application form but wasn’t. 

If your disability insurance lawyer in Florida finds that you made an honest mistake, we will work hard to negotiate with the insurance company. We’re ready to work with you to resolve the issue and get your policy reinstated.

What Else Can Lead to Rescissions?

Life insurance companies may rescind a policy for a number of reasons. As we discussed previously, many rescissions are due to a material misrepresentation on the part of the insured or their family members, but there are also other reasons why your policy may be rescinded:

• Changes in Lifestyle – Your lifestyle has changed since you purchased your policy. These changes may increase the risks that you will not live long enough to receive all benefits under the policy, or you may have gotten married or divorced. These life changes make a big difference.

• Failure to Pay – Simply put, you failed to pay your policy. A failure to pay for your policy, whether due to an unknown issue with the bank or a missed bill, can lead to major problems. 
• Health Status Changes – You were diagnosed with a medical condition that would have disqualified you from coverage at the time of application. Certain changes can have a big effect on your policy. 

How Can a Lawyer Help with a Denied Claim? 

When your private disability policy denies or significantly reduces a claim, you may feel like the insurance company is doing all it can to avoid paying out a claim that could make a big difference for you and your family. Fortunately, you have options. 

One of those options is to speak with a disability insurance lawyer in Florida to assist you. Your attorney can file an appeal with the insurance company. If the appeal fails, we can file a lawsuit against the insurance company. This is called a declaratory judgment suit and is filed in state court or federal district court where jurisdiction lies for the claim. 

You’ll need to show that there is no coverage under the policy or contract because of an error made by the insurer. If successful, this could result in coverage being reinstated retroactively up until the date of filing your lawsuit.

Covering denied claims may also require your Florida disability insurance attorney to file an action with the Department of Financial Services (DFS). The DFS has jurisdiction over insurers doing business in Florida and can investigate potential violations of the law by the insurer that is denying you.

Seek Help from a Florida Disability Insurance Attorney 

Whether you need assistance covering denied claims or need to launch a defense against accusations of a material misrepresentation that led to rescissions, recovering from insurance problems is complex. Your Florida disability insurance lawyer understands the gravity of your situation.

The team at Dyson Law, PLLC knows how important this money is to you and your family’s health and safety, and we’ll take every step necessary to get you what you are entitled to. When you’re ready to speak with our team, reach out through our online form below or call us at 561-498-9979.