Insurance denial claims always arise in the context of a contractual relationship, that between the insurer and the insured, which has broken down. While at trial for a long-term disability claim all a judge can do is order specific performance of the contract of insurance, namely a declaration that the plaintiff qualifies as disabled under the definition of their policy, and that the insurance company needs to pay the plaintiff any arrears of benefits and put the plaintiff back on policy and resume monthly benefit payments, often a plaintiff wants nothing more to do with their insurance company and all trust has been lost between the two parties. While all a judge can do in denied insurance claims is order specific performance, that doesn’t prohibit the parties from coming to a more creative solution to end the legal battle.
Arrears & Future Benefits
There are, generally speaking, two types of … Continue reading