Denied Disability and Insurance Payments Hamilton
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Denied Insurance Payments

Our Hamilton Lawyers represent individuals throughout Ontario who had been wrongfully denied insurance payments for reasons that were unfair, unreasonable and without merit.  If your insurance company has delayed, underpaid or unreasonably denied your insurance payment that you are entitled to, it is important that you seek counsel from an experienced Hamilton lawyer that can help.  Our Hamilton Lawyers can assist with

Denied Long Term Disability Payments

The essence of long term disability is that your insurance company will pay you monthly pre-determined benefits (either fixed or a percentage of your salary) provided that you meet your policy’s definition of “total disability”.  Most long term disability polices in Canada provide that the definition “total disability” within the first two years is established when you are unable to perform the important duties of your own job, even though you maybe capable of performing another job.  This is what we normally refer to as “own occupation” disability.  After two years, long-term disability policies typically switch to a disability definition of “any occupation”, which means that you must be unable to perform the activities of any occupation for which you are reasonable suited by your education, training and experience.

Most long-term disability carriers deny further long-term disability benefits after the two year mark, when the policy makes a “switch” to a new policy definition from  – particularly when the policy definition changed from your own occupation to any occupation.  It is at this point that you would bear the ultimate burden of proof, meaning that you must prove that you totally disabled and unable to perform any occupation which you are reasonably suited by means of your education, training and experience.  It is at this point that you would need the assistant of an experienced long-term disability lawyer.

Denied Critical Illness Payment

A number of insurance companies over the past several years have begun to offer separate coverage for critical illness (care) insurance. This type of insurance is relatively new and the market is expanding rapidly, with new policies covering many additional illnesses.  Many advocates of disability insurance maintain that critical illness coverage is an important part of any comprehensive disability insurance package.  The main benefit of having critical illness insurance is that when critical illness is diagnosed, you as the insured would receive a lump sum of money to use which ever which way you see fit.  Unfortunately, policies are often written in favor of the insurer and payments are not only often delayed but unreasonably denied based on alleged misrepresentation issues – or the fact that there may be issues in your clinical notes and records that negates coverage after diagnosis. If you have been denied critical illness we can help.

Denied Life Insurance Payments

Life insurance is a piece of mind  financial safety net for your beneficiaries – to help protect them from financial hardship if you pass away unexpectedly. Unfortunately, insurance companies are not in the business of paying claims – and sometimes they decide to rescind or void a life insurance policy after the insured dies, based on misrepresentation or non-disclosure issues.

After a policy is issued there is typically a 2 years contestability period in which an insurer can invalidate or void a policy – as if it never existed – based upon what is commonly called a “two-year contestability investigation” into the policy holder’s pre-insurance medical history at the time of application.   During this period, life insurance companies can typically deny claims if there were issues or misrepresentation at the time of the application.  After two years, an insurer can deny your claim only if the information was provided to the insurance company on application was fraudulent – i.e. information provided recklessly.

Have you been denied an insurance payment or long term disability benefits?

Insurance payments, whether disability payments, critical illness payments or life insurance payments  are often denied and policies rescinded based on misrepresentation issues or by the fact that the insurer believes an insured person can return to his or her gainful employment. If you have been denied disability, life or critical illness payments you need an experienced Hamilton lawyer to help get your payments back on track. At Lalande & Company Lawyers, our Hamilton lawyers have litigated against all major insurance carriers with favorable results. Matt Lalande has recovered millions of dollars in insurance benefits and payments over the past 15 years. Our Hamilton based law firm services clients throughout Ontario.

Please don’t hesitate to call 905-333-8888 for a free consultation. We would be happy to discuss your situation and come up with the best plan based on your explained facts. Alternatively, you can contact our live operator who will assist in scheduling a consultation at your convenience.

We represent clients in Hamilton, Burlington, Oakville, Milton, Cambridge, Sudbury, Barrie, Parry Sound, St. Catharines and throughout the Niagara Region.