What VGD Offers in Orlando Life Insurance Disputes

Vargas Gonzalez Delombard, LLP is synonymous with experience, legal insight, and courtroom tenacity in every life insurance dispute we handle in Orlando and across Central Florida. Our Florida-licensed trial attorneys are seasoned in standing up to some of the nation’s largest insurance companies—and winning. Backed by a proven track record in complex insurance litigation, we provide powerful representation for individuals and families who have been unjustly denied the benefits their loved ones intended them to receive.

What Is Life Insurance? How Do Life Insurance Policies Work?

Life insurance is a contractual agreement between a policyholder and an insurance company, designed to provide financial protection to loved ones after the policyholder's death. In exchange for monthly or annual premium payments, the insurer promises to pay out a lump-sum death benefit to the named beneficiaries when the insured dies.

There are two primary types of life insurance policies:

  • Term life insurance, which provides coverage for a set period (e.g., 10, 20, or 30 years). If the insured dies within the term, the beneficiaries receive the payout. If the term expires, coverage ends unless the policy is renewed or converted.
  • Permanent life insurance, which includes whole life and universal life policies. These policies offer lifelong coverage and often include a cash value component that grows over time and can be borrowed against.


Policy terms vary, but most include a two-year contestability period, during which the insurer may investigate and deny a claim based on alleged misrepresentation. After that period, policies generally become incontestable, except in fraud cases.

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Why Can a Life Insurance Claim Be Denied?

Despite the binding nature of a life insurance policy, insurers may attempt to deny or delay claims based on various technical or procedural grounds. In Florida, common reasons for denial include:

  • Alleged misrepresentations in the original application, such as omitted health conditions
  • Policy lapses due to missed premium payments or insufficient notice of cancellation
  • Deaths occurring during the contestability period, when insurers can scrutinize the policy for inaccuracies
  • Claims involving suicide or suspected fraud, depending on the timing and policy language
  • Conflicting beneficiary claims or outdated beneficiary designations

While some denials may stem from genuine issues, many are based on aggressive interpretations or administrative errors.

What Laws Cover Life Insurance in Florida?

Florida offers one of the most robust legal frameworks in the country to protect life insurance policyholders and beneficiaries. If an insurer denies, delays, or underpays a claim, several key statutes provide avenues for legal recourse:

§ 624.155 – Civil Remedy for Bad Faith

  • This statute allows policyholders and beneficiaries to file lawsuits against insurers for acting in bad faith, such as by failing to settle claims promptly or fairly
  • If the insurer’s conduct is found to be willful or reckless, you may be entitled to extra-contractual damages, including emotional distress and attorneys’ fees

§ 627.455 – Incontestability Clause

  • Life insurance policies issued in Florida must become incontestable after two years, except in cases of intentional fraud
  • This means that even if the insured made unintentional misstatements on the application, the insurer cannot void or rescind the policy after two years have passed from its issuance

§ 627.404 – Beneficiary Designation and Insurable Interest

  • This law governs who can be named a beneficiary and what constitutes a valid insurable interest at the time the policy is issued
  • It also defines the legal obligations of insurers when handling disputed beneficiary claims, including interpleader actions

§ 627.428 – Attorney’s Fees

  • If you prevail in a lawsuit against an insurer over a wrongfully denied claim, the insurer must pay your attorneys’ fees
  • This statute is a critical protection that helps level the playing field against well-funded insurance companies

§ 55.03 and § 627.613 – Interest on Overdue Claims

  • § 55.03 and § 627.613 ensure that when a claim is wrongfully delayed, beneficiaries may be entitled to statutory interest on the unpaid amount
  • In some cases, this interest may be assessed at up to 12% per year, depending on the timing and circumstances

§ 72.11 – Interest on Judgments

  • This statute ensures that if a life insurance dispute results in a court judgment, the prevailing party is entitled to post-judgment interest
  • Doing so further increases the total recovery

Why Choose VGD in Orlando?

We approach every Orlando case with legal precision and genuine care for the families we serve. With a fully bilingual team and deep roots in the Florida legal community, we provide culturally responsive counsel tailored to Central Florida’s diverse population. Our contingency-based approach ensures that you face no out-of-pocket legal fees, meaning we only get paid if we recover for you.

What Should I Do if My Life Insurance Claim Is Denied in Orlando?

A life insurance claim denial can feel like a second loss, one that comes with financial uncertainty and emotional distress. But in Florida, you are not powerless. If your life insurance claim has been denied in Orlando, there are clear steps you can take to protect your rights and pursue the benefits your loved one intended you to receive:

  1. Request a written explanation from the insurer. Florida law requires the company to state the specific reasons for denial, which often involves citing policy provisions, contestability issues, or alleged misrepresentations.
  2. Do not accept the denial at face value. Insurance companies frequently deny claims based on technicalities or overbroad interpretations of policy language. These decisions can be challenged—and often overturned.
  3. Gather all documentation related to the policy, including the original application, premium payment history, any correspondence from the insurer, and the denial letter itself.
  4. Avoid making unnecessary statements to the insurer or signing waivers without legal guidance. What you say or agree to may be used to limit your rights later.
  5. Contact an experienced Orlando life insurance attorney immediately. At Vargas Gonzalez Delombard, LLP, we can review your case, determine whether the denial was improper or made in bad faith, and take action to enforce your rights. We handle everything—from administrative appeals to full litigation in Florida state and federal courts.

Time is critical. Florida law sets strict deadlines for contesting denied claims, and insurers often bank on beneficiaries giving up. Don’t give them that advantage.

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What Compensation Can You Recover?

Depending on your case, you may be entitled to:

  • Full policy death benefit
  • Statutory interest (12% annually under Fla. Stat. §72.11)
  • Emotional distress damages (for bad faith)
  • Attorneys' fees and costs (under §627.428)
  • Punitive damages (in egregious misconduct cases)

FAQ's

How long do I have to challenge a denial?

Can the insurer deny a claim after the two-year contestability period?

Does Florida require insurers to pay interest on late claims?

What if multiple people claim to be beneficiaries?

Are life insurance proceeds taxable in Florida?

What if the insurer says the policy lapsed?

Can VGD help if the policy was issued in another state but the decedent lived in Florida?

Do you handle ERISA group life disputes?

How long do I have to challenge a denial?

Florida allows 5 years from the date of breach for breach of contract claims and 4 years for bad faith actions.

Can the insurer deny a claim after the two-year contestability period?

Only for fraud, not for innocent misstatements.

Does Florida require insurers to pay interest on late claims?

Yes. Florida law mandates interest on overdue claims starting from the date of death or proof of claim.

What if multiple people claim to be beneficiaries?

The insurer may file an interpleader and deposit the funds with the court. We can represent your interests in the dispute.

Are life insurance proceeds taxable in Florida?

They are not subject to state income tax, but may impact estate tax depending on size.

What if the insurer says the policy lapsed?

Florida requires notice before cancellation and often allows a 30-day grace period.

Can VGD help if the policy was issued in another state but the decedent lived in Florida?

Yes, especially if beneficiaries or key events occurred in Florida.

Do you handle ERISA group life disputes?

Yes. We litigate employer-sponsored life insurance claims under federal ERISA law.

You Don’t Have to Face the Insurance Company Alone

Insurance companies have entire legal departments dedicated to minimizing payouts and maximizing profits. You deserve someone just as experienced—if not more—on your side. We’ve successfully taken on some of the largest insurers in the country—both in and out of court—and recovered millions on behalf of Florida families. If your claim has been delayed, denied, or devalued, we’re ready to take action. Schedule your free case evaluation today and put experienced counsel in your corner.

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