Can Life Insurance Be Denied After Death?


Life insurance claims can be denied after death for reasons like policy lapses, application misrepresentation or excluded causes of death.

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Key Takeaways
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Insurers rarely deny claims, but lapses, misrepresentations, and policy exclusions are common causes.

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The two-year contestability period lets insurers investigate application accuracy after a death. Specific contestability terms vary by state and policy type.

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Beneficiaries can appeal denied claims through internal reviews, state regulators, or legal action.

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Reasons Life Insurance Won't Pay Out

Most claims are paid in full and on time, but denials do happen. According to industry data, less than 1% of life insurance claims are denied because of different reasons, most of which are tied to problems that could've been avoided.

1. The Policy Wasn't Active

A policy that isn't in force won't pay out, no matter how long it was active before. Term policies end after their set period, 10, 20 or 30 years, depending on the term selected. If the insured dies even one day after expiration, there's no death benefit.

Missed premium payments cause policies to lapse. Most insurers offer a grace period before canceling coverage, usually 30 to 60 days, though this varies by policy and state. Once that window closes, the policy becomes inactive.

Some insurers let you reinstate coverage. You'll need a new health evaluation, which restarts your contestability period.

2. Misrepresentation on the Application

Life insurance applications ask detailed questions about your health, habits and lifestyle. Insurers use this to assess risk and set your premiums. Lie or leave out facts and the insurer can void your policy.

Misrepresentations include hiding a smoking habit, not disclosing pre-existing conditions like diabetes or heart disease and leaving out dangerous hobbies like skydiving or rock climbing. Criminal history and risky occupations count too.

A typo in your address won't trigger a denial. But lies or errors that would've changed the insurer's underwriting decision void your coverage completely.

3. Death During the Contestability Period

Most life insurance policies include a two-year contestability period. The insurer can investigate your application if you die during these two years. Your cause of death doesn't matter. The insurer can deny the claim based on any errors it finds.

After two years, policies become incontestable for most application issues. Fraud is the exception, as insurers never lose the right to deny fraudulent claims, though specific fraud definitions and procedures vary by state.

Reinstating a lapsed policy restarts the contestability clock.

4. Death Resulted From an Excluded Cause

Every life insurance policy lists exclusions. Deaths from these causes don't get paid out. The suicide clause is most common: most policies won't pay the full benefit if the policyholder dies by suicide within the first two years. Beneficiaries may only get a refund of premiums paid.

Death while committing a crime or doing illegal activity voids coverage under most policies. Some policies exclude deaths during high-risk activities like private aviation or extreme sports unless you disclosed these activities and got specific coverage.

5. Homicide and the Slayer Rule

The slayer rule stops anyone who unlawfully causes a death from collecting the death benefit. A beneficiary involved in the insured's death forfeits the payout. The funds go to a contingent beneficiary or the insured's estate instead.

Insurers delay payment during homicide investigations even when the beneficiary isn't a suspect. This protects everyone from premature payouts until the facts are clear.

6. Beneficiary Issues

Beneficiary designation problems don't always cause claims denials but they can delay payment for months or years. Common issues include no beneficiary named on the policy, a primary beneficiary who died before the insured with no contingent beneficiary listed and outdated information like an ex-spouse still named after a divorce.

When multiple people claim the death benefit, the insurer may file an interpleader action. This deposits the death benefit funds with a court. The court decides who gets the money.

7. Excessive Travel or Living Abroad

Policies sometimes have geographic limitations. Don't tell your insurer about frequent travel to high-risk countries or moves abroad and you can trigger exclusions. Travel to areas with U.S. State Department warnings may void coverage under certain policies.

Your work or lifestyle involves international travel? Review your policy's travel limitations carefully. Travel restrictions and geographic limitations vary by insurer and state regulations. Call your insurer to find out if your travels affect your coverage.

What to Do if a Life Insurance Claim Is Denied

Insurance companies make mistakes, and many denials get overturned on appeal. You have several effective options to challenge unfair denials and secure the benefits your loved one intended for you.

  • Review the Denial Letter. Request a written explanation if you didn't receive one. The letter should identify the specific reason for denial. Compare that reason to your policy language and check for errors in the insurer's reasoning. Sometimes denials result from administrative mistakes rather than legitimate coverage issues.
  • Gather Supporting Documentation. Collect medical records, the death certificate, proof of premium payments, the original application, policy documents, and any correspondence with the insurer. This documentation forms the foundation of your appeal.
  • File an Appeal. Most insurers have a formal appeals process. Employer-provided policies governed by ERISA often require appeals within 60 days of denial. Submit a written appeal that addresses each denial reason, includes supporting evidence, and references specific policy provisions that support your claim.
  • Contact Your State Insurance Department. If you believe the denial was unfair, file a complaint with your state's insurance regulator. State regulators have the authority to investigate disputes, mediate between parties, and pressure insurers to reconsider questionable denials. Some states have appeals specialists who assist beneficiaries at no cost.
  • Consult an Attorney. For complex cases, a lawyer can identify legal or procedural errors you might miss. Many attorneys work on contingency, meaning you don't pay unless you win. If appeals fail, an attorney can pursue mediation, arbitration, or litigation.

Can a Life Insurance Claim Be Denied: Bottom Line

Life insurance claims can be denied after death, but most denials are preventable. Honest answers on applications, timely premium payments, and updated beneficiary information are the best ways to avoid problems.

If a claim is denied, beneficiaries have options through appeals, state regulators, and legal action.

Compare Insurance Rates

Ensure you are getting the best rate for your insurance. Compare quotes from the top insurance companies.

Denied Life Insurance Claim: FAQ

We answer common questions about life insurance being denied after death:

Can life insurance companies investigate your medical records?
Does life insurance pay out for accidental death?
Can a life insurance company deny a claim for smoking?

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About Mark Fitzpatrick


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Mark Fitzpatrick, a Licensed Property and Casualty Insurance Producer, is MoneyGeek's resident Personal Finance Expert. He has analyzed the insurance market for over five years, conducting original research for insurance shoppers. His insights have been featured in CNBC, NBC News and Mashable.

Fitzpatrick holds a master’s degree in economics and international relations from Johns Hopkins University and a bachelor’s degree from Boston College. He's also a five-time Jeopardy champion!

He writes about economics and insurance, breaking down complex topics so people know what they're buying.


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