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Confidentiality clauses – why insurers love them, and why they should be abolished.

Posted by on Oct 3, 2018 in Articles, Articles - Disability, Life and Critical Illness | 0 comments

Confidentiality clauses – why insurers love them, and why they should be abolished.

Most of my cases settle, often at mediation. Typically the insurer will bring a “standard” form of release to the mediation for my client to sign. If not, when the insurance company’s lawyer sends me the cheque it will be accompanied by a form of release which my client must sign in order to receive the settlement funds. In either case, the release will always contains something not usually discussed – a confidentiality clause. A confidentiality clause seeks to prohibit the parties to a settlement from disclosing the settlement terms...

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My most memorable case of 2016.

Posted by on Dec 21, 2016 in Articles, Articles - Disability, Life and Critical Illness, Articles - General | 0 comments

My most memorable case of 2016.

The past year has seen many interesting and surprising cases land on my desk. But my most memorable case involved a woman I’ll call April. April had been employed by a financial institution for a number of years when she developed cancer that forced her to stop work in May 2001. She applied for long-term disability benefits under her employer’s group insurance policy. Her claim was approved and benefits were paid starting in November 2001. Although the cancer treatment went well, April developed a number of mental illnesses...

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My insurer contacted my doctor, now what?

Posted by on Aug 19, 2016 in Articles, Articles - Disability, Life and Critical Illness | 0 comments

My insurer contacted my doctor, now what?

Your insurance company has asked your treating physician to complete a questionnaire regarding your ability to work and current medical condition, what should you do? Requesting that updated questionnaires be completed by a claimant’s treating physicians seems to be standard in the review process. Usually, these forms consist of yes or no questions, check boxes and requests for comments on restrictions and limitations. If you know the insurance company has requested such questionnaires from your physicians it is beneficial for you to...

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