After a loved one dies, families are often shocked when a life insurance company claims the policy is void due to missed premium payments. In Florida, insurers frequently rely on alleged lapses to deny valid claims—but missing a payment does not automatically mean the policy is invalid.
Florida law provides important protections for policyholders and beneficiaries, including mandatory grace periods, notice requirements, and limits on retroactive lapses. Understanding these rules can make the difference between a paid claim and a wrongful denial.
Does Missing a Premium Automatically Void a Life Insurance Policy in Florida?
No. Missing a premium payment does not automatically void a life insurance policy under Florida law.
Most Florida life insurance policies include:
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A grace period (typically 30 or 31 days)
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Specific notice requirements before a lapse becomes effective
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Potential reinstatement rights, even after a lapse
If the insured dies during the grace period, Florida law generally requires the insurer to pay the death benefit, minus any unpaid premium.
Florida’s Grace Period Requirement for Life Insurance Policies
Florida statutes require life insurance policies to include a grace period during which coverage remains in force despite a missed payment.
Key Points About the Grace Period:
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Coverage does not end immediately when a payment is missed
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Death during the grace period usually triggers coverage
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Insurers may deduct the unpaid premium from the death benefit
If an insurer denies a claim without addressing the grace period, that denial may be legally improper.
What If the Policy Allegedly “Lapsed” Before Death?
Even when an insurer claims a policy lapsed before death, that does not end the analysis.
Common issues in Florida life insurance lapse disputes include:
1. Improper or Missing Lapse Notices
Florida law often requires insurers to send written notice before a policy lapses. If notice was:
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Never sent
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Sent to the wrong address
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Sent after the insured’s death
…the lapse may be unenforceable.
2. Automatic Payments or Billing Errors
Many lapses result from:
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Bank processing errors
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Failed auto-drafts
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Insurer billing mistakes
Florida beneficiaries are frequently successful in challenging denials caused by insurer error.
3. Reinstatement Rights
Some Florida policies allow reinstatement after lapse if:
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Premiums are paid within a set period
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Evidence of insurability is provided (if required)
If reinstatement was possible—or already in progress—coverage may still apply.
Can a Florida Insurer Retroactively Void Coverage?
Florida insurers cannot retroactively cancel coverage simply because a premium was late, especially if:
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Death occurred within the grace period
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Required lapse procedures were not followed
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The insurer accepted premium payments after the alleged lapse
Retroactive voiding is a common basis for bad-faith life insurance litigation in Florida.
What Should Beneficiaries Do If a Claim Is Denied for Missed Premiums?
If your Florida life insurance claim is denied due to missed payments:
Take These Steps Immediately:
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Request the full policy and all amendments
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Demand proof of lapse notices
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Confirm grace-period language
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Review payment history and bank records
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Consult a Florida life insurance claims attorney
Insurers often reverse denials once beneficiaries push back with legal representation.
Florida Life Insurance Denials Are Often Wrongful
Insurance companies frequently deny claims hoping beneficiaries will accept the decision without challenge. In Florida, many of these denials:
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Violate statutory protections
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Ignore grace-period requirements
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Rely on defective lapse procedures
A missed premium does not automatically eliminate coverage, and beneficiaries may still be entitled to the full death benefit.
Speak With a Florida Life Insurance Claims Attorney
If a life insurance company claims a policy was void due to missed premiums, do not assume the denial is final. Florida law strongly protects beneficiaries, and many denials are overturned.
An experienced Florida life insurance attorney can:
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Challenge wrongful lapse determinations
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Enforce grace-period protections
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Recover wrongfully denied benefits
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Pursue bad-faith damages when appropriate
Need help with a denied Florida life insurance claim?
Contact a Florida life insurance lawyer to review your policy and protect your rights before critical deadlines expire.
Have you or someone you know been denied a life insuranbce claim? Contact Florida Life Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
