Florida Life Insurance Denials for Material Misrepresentation

Life insurance is designed to provide financial protection to families after the death of a loved one. Unfortunately, many valid claims in Florida are denied because insurance companies allege that the policyholder made a “material misrepresentation” on the application. For grieving families, this denial can come as a shock and create financial hardship during an already difficult time.

If your life insurance claim was denied in Florida because of alleged misrepresentation, the Law Offices of Jason Turchin may be able to help. Our team has handled thousands of life insurance and wrongful death–related cases and can fight to challenge an insurer’s decision.

👉 Call us today at 800-337-7755 or start a live chat for a free consultation. You won’t pay any fees or costs unless we win or settle your case.

What Is Material Misrepresentation?

When applying for life insurance, applicants are asked questions about health, medical history, lifestyle, and sometimes even family background. A “material misrepresentation” occurs when an insurer claims that the applicant gave false, incomplete, or misleading answers that were important to the company’s decision to issue the policy.

Examples of what insurers may consider “material” include:

• Failing to disclose a past medical condition such as diabetes, heart disease, or cancer
• Misstating weight, height, or tobacco use
• Not mentioning prescription medications
• Omitting recent doctor visits or treatments
• Failing to disclose dangerous hobbies like scuba diving or skydiving

If an insurance company believes the information was inaccurate and would have affected its decision to issue coverage, it may attempt to void the policy or deny payment.

Florida’s 2-Year Contestability Period

Florida law allows insurers to contest policies within the first two years after issuance. This means if the insured dies within that period, the company may investigate the application and try to rescind coverage for misrepresentation.

After two years, policies generally become incontestable, except in cases of outright fraud. Even then, insurers must meet a high burden to deny payment. Families should not assume that a denial for misrepresentation is valid — many can be challenged successfully.

Common Misrepresentation Disputes in Florida

Life insurance denial cases often involve:

• Minor errors – Small mistakes on applications (such as forgetting a doctor visit) that insurers claim are “material.”
• Undisclosed conditions – The insured may not have even known about a condition at the time of application.
• Agent error – Sometimes the insurance agent fills out the form incorrectly or fails to ask clarifying questions.
• Changed circumstances – A health issue that developed after the application is not a misrepresentation, but insurers may still try to use it against the claim.

In many cases, denials based on misrepresentation can be overturned through legal action.

Florida Laws Protecting Beneficiaries

Florida statutes and case law recognize that insurers may attempt to avoid paying valid claims. Courts in Florida have repeatedly held that:

• The misrepresentation must be material — meaning it truly impacted the company’s decision.
• The insurer must prove that it relied on the misstatement when issuing the policy.
• Innocent mistakes or unknown conditions may not qualify as grounds for denial.

An experienced Florida life insurance lawyer can challenge the denial by demanding the insurer’s underwriting guidelines, medical records, and evidence that the alleged misrepresentation was significant.

What To Do If Your Claim Was Denied for Misrepresentation

1. Request the denial letter in writing. Insurers must explain the specific reason for denial.
2. Gather documents. Collect the policy, application, correspondence, and medical records.
3. Do not accept the denial as final. Many denials are reversed when challenged.
4. Consult an attorney. A lawyer familiar with Florida life insurance law can evaluate whether the denial is valid and help pursue benefits.

Potential Outcomes When Challenging a Denial

• Reversal of denial – The insurer agrees to pay the claim after review.
• Settlement – Many cases are resolved through negotiation for a reduced payment rather than full litigation.
• Lawsuit – If the insurer refuses to reverse the denial, a lawsuit may be filed in state or federal court in Florida.

The best approach depends on the evidence, the policy language, and the insurer’s conduct.

Why Insurers Deny for Misrepresentation

Life insurance companies deny claims for misrepresentation because:

• It reduces their financial exposure.
• Contesting early claims may deter others from filing disputes.
• They rely on policy language that allows rescission within the two-year contestability period.

However, insurers sometimes abuse these provisions to avoid paying valid claims.

Why Choose the Law Offices of Jason Turchin

Our firm has extensive experience handling life insurance claim denials in Florida. In misrepresentation cases, we may:

• Review the application, policy, and denial letter in detail
• Demand internal underwriting guidelines from the insurer
• Work with medical experts to determine whether a condition was known or relevant
• Negotiate aggressively with insurers or litigate in court if needed

Most importantly, you won’t pay any fees or costs unless we win or settle your case.

FAQ – Florida Life Insurance Denials for Misrepresentation

What if the insured didn’t know about the condition?
If the insured was unaware of a health condition at the time of application, it may not qualify as a misrepresentation under Florida law.

Can an insurance company deny a claim for a minor mistake?
Not always. The misrepresentation must be “material,” meaning it affected the insurer’s decision to issue the policy. Minor mistakes are often not enough to void coverage.

What if the agent filled out the application incorrectly?
If the insured provided accurate information but the agent misrecorded it, the insurer may still be liable.

Can a claim be denied after the two-year contestability period?
Generally no, except in cases of outright fraud. After two years, policies in Florida are generally considered incontestable.

How long do I have to challenge a denial?
In Florida, you generally have up to five years to file a breach of contract action for a denied life insurance claim. It is best to act quickly, however, to preserve evidence.

Contact Our Florida Life Insurance Lawyers

If your life insurance claim was denied in Florida because of alleged material misrepresentation, don’t give up hope. Many of these denials can be challenged successfully with the right legal strategy.

📞 Call the Law Offices of Jason Turchin today at 800-337-7755, start a live chat, or fill out our online form for a free consultation.

You won’t pay any fees or costs unless we win or settle your case.