Legal Question in Insurance Law in Arkansas
AD&D Insurance declined by my employer for my husbands death
My husband was killed in a single car accident in Arkansas. I have (had) him insured with my employer who is self insured. The 3rd party claims administrator,has declined the AD&D policy. Please Advise
2 Answers from Attorneys
Re: AD&D Insurance declined by my employer for my husbands death
On the face of your question it appears that you have a claim against the insurance company and that the company will be held accountable for fees you may incur as a result. Of course, one must look at the policy and make claim within the terms and within the time required. You may also benefit from a comprehensive review of the circumstances and all available insurance coverages. The Administrator or Executor has the right and duty to invesitgate and pursue all avenues of recovery for the surviving spouse and children. You should consult a lawyer to go over all of the facts to begin the investigation. This is a contingency fee type case, that is, no fee will be charged unless there is a recovery.
Re: AD&D Insurance declined by my employer for my husbands death
You may want to contact an attorney directly regarding the pursuit of this claim. The language of the insurance policy will be one of the guides to determine whether the AD&D policy is worth pursuing.
I am in AR, and not familiar with the laws of WV. In AR, you might need to open the probate of the estate of your late husband, and have the executor pursue this, and any other, possible claims.
Another issue is the time you have to begin this claim. That is another reason you may want to contact an attorney directly to get this started. Most attorneys will handle this on a contingency basis, meaning there is no charge to you, unless they collect.
Sorry I can't be more exact in my answers, but insurance coverage depends on the language of the policy, and various other factors.
I hope this gets you started in the right direction.
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