Legal Question in Insurance Law in Arkansas

Collecting on a lapsed policy

My husband passed in November 2005. His policy was current but it lapsed. The policy was less than two years old but it was two years old in October 2005. His physician filled out the death certificate but she did not pronounce him dead nor was present at the hospital. She wrote that he had ventricular fibrillation 60 minutes, congestive heart failure 2 months, hypertention,systolic 14 years. Immediate cause was cardiovsenic shock. When he did his policy he stated he was taking medication, he was not under doctors care. The policy was still two years old even though it lapsed. What are my right? I am angry with his physician because I feel she did not give my husband the proper care he needed as his physician. She would give him sample and not give him a checkup after a certain period of time. How can she fill out his death certificate? What problems or rights would I have with the insurance company in filing on his policy. I feel that after two years no matter what his ailment was I should be entitled to fill the policy. What right did she have to place inaccurate, and that is the time she said he had these ailments? I have not filed the policy because I would like to know my rights.


Asked on 6/26/06, 12:20 pm

2 Answers from Attorneys
Blair Brininger Blair Brininger

Re: Collecting on a lapsed policy

I am sorry to hear of your loss. Some of your statements have me confused. You state "[h]is policy was current but it lapsed. Which is it?

You state the policy was less than two years old but it was two years old in October 2005. (Your husband passed away in November 2005). Again which is it?

Was this a group plan (through your husband's former employer or was this a policy he purchased on his own.

You should hire a lawyer to assist you in making your claim. Most plans have strict time limits in which you must file a claim. If you provide the answers to my questions I will let you know if I can help and under what circumstances.

If you believe your husband did not receive proper medical care then you need to consult with a medical malpractice attorney in Arkansas on that claim. Most lawyers do not have the expertise to bring a medical malpractice claim and an ERISA claim (if it is a group plan.) I can bring the ERISA claim (I have 17 years experience) but I no expertise in medical malpractice claims.

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Answered on 6/26/06, 1:51 pm
Harvey Harris Harris Law Firm

Re: Collecting on a lapsed policy

I'm not sure I understand your question. The insurance claim, if you have one, likely needs to be filed very soon. Most policies have a time limit to file.

We need to figure out whether the policy was in effect at the time of his passing. If so, you may have a claim, or at least will want to pursue a claim.

I have more questions regarding the policy that I need to ask you before I can give you any kind of definite answer. I would be gald to talk to you about this matter.

As far as the doctor and her care, I can direct you where to go with that, but would need to know where you are and where he passed away.

Also, need to know if husband's estate has been probated, or if he had a will.

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Answered on 6/26/06, 5:49 pm


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