Collecting insurance is not something we want to do since it means that a situation occurred that led us to the need to claim payment for it, and the case of life insurance is no exception, the death of our loved one was what led us to start with all the paperwork and bureaucratic processes to obtain that resource that the person left for us.
And although we are living in a difficult and sad moment, we will have to face all the tricks and excuses that insurers usually use to avoid paying the insurance, knowing their products perfectly, they look for the legal way in which they can avoid making the payment, however, the insured also have laws that protect them from these bad practices, the important thing is to have the correct legal support to make them valid.
In insurance law firms it is very common to hear the phrase ” the insurance does not pay me ” and when analyzing the situation, the main reason why this occurs is that the insurer argues that the relative who contracted the service did not declare that he suffered from any illness and therefore cannot proceed with the payment.
If we do not know the terms under which the contract was entered into, we are likely to believe this to be true, but it may be a hoax. In accordance with article 47 of the Insurance Contract Law, any omission or inaccurate statement of the facts empowers the insurer to consider the insurance contract terminated by operation of law.
But what the insurers do not say is that article 48 of this law also indicates that the insurer must automatically notify the insured and his beneficiaries of the termination of the contract within 30 calendar days from the date on which the company became aware of the omission.
In other words, even if there Rejected Life Insurance Claim was an omission at the time of making the contract, this does not automatically release the insurer from making the payment. The insurer must demonstrate that the insured had the disease before the contract and that they also knew about it.
In addition, the insurer must request the termination of the contract within the established period, if it became aware of said disease by any means and there was no termination, it will not be able to do so later.
The termination of the contract will have to be done authentically, that is, inform the insured and his beneficiaries clearly through the appropriate means to do so and leave no doubt about the act.
If you have a similar problem where the insurer does not want to pay for life insurance, contact us. At Lex & Co Firma Legal we are specialists in handling insurance cases and we can offer you a strategy so that you can obtain what is yours by law.
