When you are ill or injured to the point where you had to file a claim for disability benefits under your disability insurance policy, it can be disheartening to learn that during the initial review process or even while on claim that your insurance company put you under surveillance. You filed your claim in good faith, expecting fair and reasonable treatment; instead, your insurer used some form of surveillance to “catch” you being active.
A recent court opinion sheds light on the ramifications of disability insurance policy language that describes what powers the insurer's administrator has to decide claims. We recently posted a blog about the standards of review courts apply when considering an appeal of an insurer's disability claim denial under the Employee Retirement Income Security Act, usually called ERISA.
A large insurance company that sells short- or long-term disability coverage can intimidate an individual fighting for their rightful benefits after having become disabled. When that insurer decides its own claims internally, rather than outsourcing that decision-making process, it has a structural conflict of interest.
When a Florida resident gets seriously injured or sick and needs to file a claim on their disability insurance, they could be faced with an unexpected denial of benefits. Many group and other employer insurance plans are covered under ERISA, the federal Employment Retirement Income Security Act of 1974. In order to protect the right to sue the insurance company and receive deserved benefits, it can be particularly important to go through the appeals process with detailed preparation and key information.