How to File a Life Insurance Claim in Florida

Losing a loved one is an incredibly difficult experience. While dealing with grief, navigating the paperwork of a life insurance claim can feel overwhelming. At the Law Offices of Jason Turchin, our Florida life insurance lawyers extend our deepest sympathies to you and your family.

While some life insurance claims are paid quickly, many beneficiaries find themselves facing endless delays, invasive investigations, or outright denials. You have the right to file the claim yourself, but if you anticipate a dispute, or if the insurance company is already stalling, our experienced attorneys are here to protect your inheritance. Call us at (800) 337-7755 for a free, confidential consultation.

Step-by-Step: How to File a Life Insurance Claim in Florida

If you are the named beneficiary, you must formally request the death benefit. The life insurance company will not automatically send you a check. Follow these critical steps:

1. Obtain Certified Copies of the Death Certificate: In Florida, you will need the official death certificate issued by the Florida Department of Health. Request multiple “certified” copies from the funeral director. Note: Insurance companies typically require a death certificate that lists the official “cause and manner of death.”
2. Locate the Policy Documents: Try to find the original policy packet. You will need the policy number, the insured’s full name, Social Security number, and date of birth. If you cannot find the physical policy, our attorneys can help trace it.
3. Request and Submit the Claimant’s Statement: Contact the life insurance company’s claims department to request the official claim forms. You must fill out the Claimant’s Statement accurately. Any mistakes or inconsistencies here can be used by the insurance company to delay your payout.
4. Provide Supporting Documentation: The carrier may request additional documents, such as a marriage certificate (for spousal claims), a birth certificate, or trust documents if the beneficiary is an estate or trust.

Florida Legal Traps: Why Claims Get Delayed or Denied

Many beneficiaries assume the process is automatic. However, life insurance companies are for-profit businesses that actively look for reasons to deny claims. Our Florida life insurance dispute lawyers frequently intervene in the following scenarios:

1. The Two-Year Contestability Period (Material Misrepresentation)

Under Florida law (Fla. Stat. § 627.455), life insurance policies have a two-year contestability period. If your loved one passed away within two years of purchasing the policy, the insurance company will launch a rigorous investigation into their medical history. They will search for any “material misrepresentation” on the original application (e.g., forgetting to list a minor doctor’s visit or a smoking habit) to cancel the policy and deny your claim entirely.

2. Conditions Precedent and Policy Lapses

Insurance contracts contain strict “conditions precedent”; actions that must be taken for the contract to remain valid. Companies frequently attempt to deny claims by alleging that premium payments were missed (policy lapse), even if the insurance company failed to send the legally required grace period notices.

3. Competing Beneficiaries (Interpleader Lawsuits)

Disputes often arise when an ex-spouse, a new spouse, or business partners all claim entitlement to the death benefit. In these cases, the insurance company may file an “Interpleader” lawsuit, freezing the funds and depositing them into a federal or state court registry until a judge decides who the rightful beneficiary is.

Florida Life Insurance Claim FAQs

What if the death certificate says “Pending”?

If the medical examiner is waiting on toxicology reports or an autopsy, the death certificate may list the cause of death as “Pending.” Most life insurance companies will refuse to pay the claim until a finalized death certificate is issued, as they must rule out suicide (if within the suicide exclusion period) or homicide.

How does the Florida Slayer Statute affect my claim?

Under the Florida Slayer Statute (Fla. Stat. § 732.802), a person who unlawfully and intentionally kills the insured is legally prohibited from receiving the life insurance benefits. If the police have not ruled out the primary beneficiary as a suspect in a homicide investigation, the insurance company may freeze the payout.

Does Florida law require insurance companies to pay interest on delayed claims?

Yes. Under Florida Statute § 627.4615, life insurance companies must pay interest on the death benefit from the date they receive written proof of death until the date the claim is paid. If your claim has been unreasonably delayed, our attorneys can fight to ensure you receive both the principal benefit and the accrued statutory interest.

Do not let the insurance company bully you during your time of grief.

If you need help filing a claim, or if you have received a delay or denial letter, contact the Law Offices of Jason Turchin today at (800) 337-7755 or use our secure online chat. We can handle life insurance disputes on a contingency fee basis.