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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 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 prohibits the parties to a settlement from disclosing the settlement terms....

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Are LTD benefits taxable or non-taxable? It depends.

Posted by on May 31, 2018 in Articles, Articles - Disability and Critical Illness | 0 comments

Are LTD benefits taxable or non-taxable? It depends.

When assessing a litigated claim for long-term disability benefits, one very important consideration an insurance denial lawyer must always be aware of is whether the long-term disability benefits are taxable or non-taxable under the specific disability policy at issue in the claim. Long-term disability benefits are typically taxable under a policy when an employer pays a portion (or all) of the insurance premiums on a disability policy.  Long-term disability benefits are typically non-taxable under a policy when an employee pays 100% of...

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My most memorable case of 2016.

Posted by on Dec 21, 2016 in Articles, Articles - Disability 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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