03 Feb 2021

It’s a Matter of Life and Fact-Finding: COVID-19 Life Insurance Claims Pre-Litigation

Get up to speed on the impact of COVID-19 during the pre-litigation phase of a life insurance claim with this practice note, which discusses issues that may lead to life insurance litigation. The practice note clarifies key life insurance principles, explains the essential parts of a life application and policy, and clarifies the “best interest” concerns that permeate all life insurance sales and claims. It also guides attorneys for policyholders, insurers, and insurance intermediaries through the steps to follow in the preliminary investigation and fact-finding on a claim, including claims where an insurer and intermediary have adverse positions. Proof of death, incontestability clauses, suicide, and the pros and cons of actions for breach of contract, declaratory judgment, bad faith, rescission, and material misrepresentation, plus collateral issues specific to COVID-19 are also discussed.

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