I am sorry to hear about your father-in-law. You will need to consult with a civil plaintiff's attorney (not a defense attorney). Start calling around and keep records of all the communications with the insurance company. Try not to communicate with the insurance company orally but do so instead in writing or by email. You will need to get a copy of the insurance policy. You should be able to request one easily (or whoever the beneficiaries are should be able to request one easily). There are pretty strict time limitations on appealing insurance judgments, so I would act quickly. Gather all communications and request the policy, etc. and get with an attorney as soon as possible. And, I think you are making the right move in not cashing the check at this time. Hold onto it and consult a local civil plaintiff's attorney in your area soon. Look for an attorney who advertises that they handle insurance bad faith claims. If none really in your area handle that, start calling attorneys who advertises that they handle medical malpractice or wrongful death and hopefully they will be able to refer you to someone who does hand insurance bad faith claims. Best of luck.
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this response.
Answered on Aug 13th, 2012 at 10:37 AM