Suing an insurance company – the basic steps.
The decision to sue your insurer is not one you have taken lightly. If you are considering legal action, it is likely because you have tried everything in your power to get your long-term disability benefits, but the insurance company continues to deny your claim. The first step to successfully correcting the insurance company’s decision is to find an experienced insurance denial lawyer with a track record of success fighting against your insurance company. It is critical to do this as soon as you are denied by the insurance company so you do not miss any important deadlines. At a time where...
read moreInsurance Bad Faith
Insurance policies are sold on the basis they pay claims for an unanticipated event that results in a loss. This can include claims arising from damage to property and under disability and life insurance policies. When something goes wrong resulting in a claim, the insurance policy sets out the terms of coverage. If covered, the insured is compensated for the loss. While this process can go very smoothly without problems, sometimes insurance companies take the position your claim is not covered and deny coverage for the claim. Not only can that decision can be wrong and unfair, it can result...
read moreSettle your long-term disability claim – it’s GOOD for you.
You made a claim with an insurance company for long-term disability benefits. Your claim for long-term disability benefits been denied, or your long-term disability benefits were approved then terminated. Is the struggle slowly killing you? The solution? Settle. It’s good for you. Here’s why. Financial Peace of Mind: A claimant and his or her family frequently face dire financial consequences when the claimant is disabled from working, and then deprived of the disability benefits on which they had expected to rely. A lump sum settlement of a disability claim brings the financial...
read moreConfidentiality 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. Confidentiality raises numerous problems. It can be bad for...
read moreAre my LTD benefits taxable or not? 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 the insurance premiums on the disability policy. It...
read moreMy 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 including major depression, a generalized anxiety...
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