QUESTION

What kind of attorney do I need to go against a life insurance provider?

Asked on Aug 08th, 2012 on Insurance - Massachusetts
More details to this question:
Father in Law took out a life insurance policy, completed and passed a physical. Paid the premium. Received the policy. Two weeks later he has a seizure in which they then discover a brain tumor. He passes within 3 months. Insurance company now calls it an existing condition...returns the premium, but family has not cashed the check as that would be conceding their judgement..
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1 ANSWER

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

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