By David Share L.L.B.
President, Share Lawyers, Lawyers
If
your disability claim has been denied because the insurance company says that
they don't cover pre-existing conditions, you may still be able to do something
about it.
Most Group Long Term Disability Policies have a pre-existing exclusion that will disqualify entitlement for individuals who submit a disability claim for a condition that arose in the period prior to them being covered under their employer's group benefit plan. Historically, the pre-existing exclusion period has been for the 1st year after coverage commences, and it appears that the maximum pre-existing exclusion period should be 2 years, as set out in s.311 of Ontario's Insurance Act. Our office was recently involved in a case where the pre-existing exclusion was 60 months, or 5 years. The case was recently settled, and the issue of the pre-existing exclusion was largely ignored on the facts of this particular case.
So,
if your LTD claim has been denied, based on a pre-existing exclusion that
exceeds 2 years, you should definitely consult with a disability insurance
lawyer, to examine whether the denial of your claim was lawful.
To find out how, contact Share Lawyers. We're Focused on Disability Insurance Litigation.
Our lawyers will fight for your disability insurance claim with aggressive legal maneuvering and strategic planning. If you have a long term or partial disability claim, and have been denied benefits, find out what Share Lawyers can do for you.
