illinois lawyer who handles wrongfully denied insurance claims

by Sister Stanton 6 min read

Can an insurance company deny a claim in Illinois?

Since 2001, our Illinois attorneys have helped people recover improperly denied life insurance and accidental death benefits. The consultation with us is always free. You can call our office at 312-346-5320 or 800-517-1614 to speak with a lawyer or you can fill out our contact form and we will contact you.

What happens if an insurance company wrongfully denied a claim?

Chicago, IL Insurance Claims Attorney with 14 years of experience University of Maine School of Law Illinois and U.S. District Court for the Northern District of Illinois Jennifer M. Danish Chicago, IL Insurance Claims Lawyer with 12 years of experience (312) 561-3010 205 N Michigan Ave Ste 3910 Chicago, IL 60601 Insurance Claims and Employment

Can I sue an insurer for bad faith in Illinois?

Insurance Claims and Bad Faith The Blumenshine Law Group has built its reputation on assisting people and businesses with significant insurance claims, delays and denials. Whether you live in Chicago, the suburbs or anywhere in Illinois, our bad faith attorneys can help you understand and overcome the challenges of filing major insurance claims.

What happens if you make a mistake on your insurance application?

Jan 05, 2022 · More than ten million automobiles, trucks, and other motor vehicles are registered and insured in the state of Illinois. If you are driving or riding in one of those vehicles and you are injured in a traffic collision, you will probably file an injury claim with an insurance company, either your own company or the other driver’s.. However, in some cases, the insurance …

How do I fight a denied insurance claim?

How to appeal health insurance claim denialFind out why the health insurance claim was denied. ... Read your health insurance policy. ... Learn the deadlines for appealing your health insurance claim denial. ... Make your case. ... Write a concise appeal letter. ... Follow up if you don't hear back. ... If you lose, be persistent.Jul 12, 2021

Can I sue an insurance company in Illinois?

If the insurance company violates its fiduciary duty to its insured in breaching that contract, a plaintiff can sue the insurance company for bad faith and possibly recover both compensatory and punitive damages in addition to the value of the policy.

What happens if an insurance claim gets denied?

If your claim is denied, regardless of how valid you believe it is, you'll most likely need to hire an attorney if you choose to fight the denial. After all, insurers make a profit by taking in more money in premiums than they pay out in claims.Dec 3, 2018

How do you fight an insurance claim?

Step 1: Contact your insurance agent or company again. Before you contact your insurance agent or home insurance company to dispute a claim, you should review the claim you initially filed. ... Step 2: Consider an independent appraisal. ... Step 3: File a complaint and hire an attorney.Mar 3, 2022

Can a insurance company deny a claim?

In case your motor insurance company finds that you are claim is false, then they can reject your claim. Moreover, the company can also file legal charges on you.

What is it called when an insurance company refuses to pay a claim?

Bad faith insurance refers to an insurer's attempt to renege on its obligations to its clients, either through refusal to pay a policyholder's legitimate claim or investigate and process a policyholder's claim within a reasonable period.

What are the 3 most common mistakes on a claim that will cause denials?

5 of the 10 most common medical coding and billing mistakes that cause claim denials areCoding is not specific enough. ... Claim is missing information. ... Claim not filed on time. ... Incorrect patient identifier information. ... Coding issues.Jan 20, 2021

What steps would you need to take if a claim is rejected or denied by the insurance company?

8 Steps To Take If Your Health Insurance Claim Is Denied Find out why your claim was denied. ... Build your case. ... Submit a letter of medical necessity. ... Seek help for navigating the claims process. ... Appeal your denial (multiple times, if necessary!)May 20, 2016

How do you write a denial letter of claim?

Your denial letter should include:Your name, position and company.The date the claim was filed.The date of your denial.The reason for the denial.The client's policy number.The claim number.

What are the two types of claims denial appeals?

The appeals process: Your policy should indicate how to appeal a denial. There are typically two levels of appeal: a first-level internal appeal administered by the insurance company and then a second-level external review administered by an independent third-party.Aug 17, 2020

Can you contest a car insurance claim?

If you want to dispute a car insurance claim against you, collect relevant evidence and file an appeal with your insurer. Most insurance companies have an internal dispute resolution process where challenged claims are reviewed.

When a claim has been denied the insurer must?

Once the insurer denies your claim, you have up to 180 days (6 months) to file your internal appeal. Your internal appeal must be completed within 30 days of your request if your appeal is for a pre-service claim.Jun 15, 2012

When did Ms Mule join Therman Law?

Ms. Mule joined Therman Law Offices, LTD., in July, 2010. She concentrates her legal practice on cases concerning both personal injury and workers’ compensation. During her time at Therman Law, she has developed and... Read More »

Who is Robert Shipley?

Robert A. Shipley is the founding partner of Shipley Law Group, Ltd. For decades he has maintained long-standing client relationships while engaged in an active litigation and trial practice, along with general business counseling.

How to contact Blumenshine Law Group?

For a free consultation about your insurance bad faith problem, contact the Blumenshine Law Group online, call us at (312) 766-1000 or email at info@blg-legal.com. We work with people in Chicago, Cook County and all of Illinois.

Why is life insurance denied?

The initial denial of a life insurance claim may be for legitimate reasons, such as the need to determine the proper payee if more than one beneficiary makes a claim for benefits. However, the denial of life insurance benefits without reason is an act of insurance bad faith.

What is a first party claim?

A claim against your own insurance policy is known as a first-party claim. When you purchase an insurance policy, you have the right to expect that your valid claim will be paid. Unfortunately that is not always the case, and you need the support of an experienced attorney.

How do insurance companies make money?

Insurance companies make money by selling insurance policies, and they lose money when they pay claims. Our denied insurance claim attorneys have the experience and knowledge to take on insurance companies who delay payments, deny claims or act in bad faith.

What happens if you buy disability insurance?

Disability insurance. If you purchased disability insurance, you expected to be covered in the event of a major illness or injury. However, disability claims are commonly challenged by insurance companies and the doctors who work for them. Our attorneys vigorously fight denials of disability insurance claims in bad faith.

Why do doctors need malpractice insurance?

Doctors should have medical malpractice insurance to cover the cost of the pain and suffering, additional medical procedures, and lost income the cause. Life insurance. Insurance policies have two main provisions — payment of a preset amount on death and a designation of beneficiaries.

What is a third party claimant?

The third party is the person who is hurt, or in death cases, it is the family or beneficiaries of the person who is killed. Third party claimants usually demand the following payments when the first party causes them harm: All medical bills.

What is medical bill?

All medical bills. This payment includes all necessary hospital stays, doctor visits, medications, and medical devices the injured person needed or may need. Property damage. If personal property, such as a vehicle, is damaged in an accident, the victim can ask to be compensated. All lost income.

What does "lost income" mean?

All lost income. Typically, this means lost salary, lost wages, or lost self-employment income. Pain and suffering. This sum is for the physical anguish and emotional anxiety the injured person suffers on a daily basis.

What are the two types of claims?

When accidents happen, there are two basic types of claims – first party and third party . In first-party claims, the insured seeks to have his/her own company pay benefits. In third-party claims, the insured seeks to have the insurance company for the person who caused the accident to pay.

What is the most common case against an insurance company?

The most typical case against an insurance company concerns the failure of the company to pay a claim or the insurance company's attempts to pay an amount insufficient to cover the loss. In automobile theft cases, the insurance company may claim that the insured failed to keep the vehicle locked or that the insured was involved in the theft.

Do insurance companies fight fraud?

Insurance companies have waged a long battle against insurance fraud. Many companies over-react to the threat of insurance fraud and are routinely denying valid insurance claims, particularly claims involving the theft of automobiles. The Department of Insurance will ordinarily not come to the aid of an insured where an insurance company has ...

What is estoppel in insurance?

Estoppel refers to reliance on the words or conduct of another such that the person relying on the words or conduct of another changes his or her position and suffers harm as a result. Allstate Insurance Co. v. Tucker, 178 Ill. App. 3d 809 (1 st Dist. 1989). In order to establish estoppel in an insurance context, the insured must show: (1) that he or she was misled by the acts or statements of the insurer or its agent; (2) that there was reliance by the insurer on those representations; (3) that such reliance was reasonable; and (4) that the detriment or prejudice suffered by the insured was based on the reliance. Id at 811; and Chatham Corporation v. Dann Insurance, 351 Ill. App. 3d 353 (1 st Dist. 2004); quoting Dumenric v. Union Oil Company of California, 238 Ill. App. 3d 208 (1 st Dist. 1992).

Is insurance a contract?

Insurance policies are contracts and therefore governed by contract law. "An insurance policy is a contract, and the general rules governing the interpretation of other types of contracts also govern the interpretation of insurance policies.”. Hobbs v. Hartford Insurance Co. of the Midwest, 214 Ill. 2d 11, 17 (2005).

What is ERISA claim?

If your client was covered by a health plan at their place of employment, any claim you may wish to assert against the health plan falls under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §1001 et seq. In enacting ERISA Congress preempted state claims against employee health plans. Instead, a claim for non-payment against an employee health plan must be pleaded as an ERISA claim; a private right of action is provided at 29 U.S.C. §1132 (a) (1) (B), while §1132 (g) (1) allows attorney fees to the prevailing party. The Supreme Court has held that Congress intended ERISA to be the exclusive vehicle for actions asserting improper processing or denials of ERISA-plan benefits. Pilot Life Insurance Company v. Dedeaux, 481 U.S. 41 (1987).

Is ERISA preempted by state law?

(1) While it is clear that a claim for breach of contract must be pleaded under ERISA, a state law-based claim of misrepresentation against a health plan is preempted by ERISA. Both the Seventh Circuit in Pohl v. Natl. Benefits Consultants, 956 F.2d 126 (7th Cir. 1992) and the Fifth Circuit in Perkins v. Time Insurance Co., 898 F2d 470 (5th Cir. 1990) have conclusively established this point. In Perkins, however, the Fifth Circuit held that ERISA would not preempt a legal action seeking to hold an insurance agent personally liable for damages stemming from his own misrepresentations. Claims against insurance companies under the Insurance Code ( 215 ILCS 5/155) have also been ruled as preempted by ERISA. Dobner v. Health Care Service Corporation, No. 01 C 7968, 2002 WL 1348910 at *4-5 (N.D. Ill. June 19, 2002).