Insurance, whether it be automobile, homeowners, medical, life or health, is a necessity of life and most people have one or more of these type policies. When a loss occurs under any such policy, or if there is a death or a medical problem, and the insurance company refuses to pay for one reason or another, legal advice may be necessary to provide the appropriate guidance in dealing with the insurance company.
The Law Office of Michael A. Malyuk is prepared to assist you with any type of insurance policy including issues such as denied coverage for injuries, death, health conditions, loss of property or property damage. Be sure to understand the terms and conditions of any policy you buy, as they contain exclusions and other clauses that may impact one’s ability to collect benefits.
A person may purchase a private disability insurance policy which is not connected with his or her work and has nothing to do with Social Security Disability. A private disability policy is typically sold by insurance agents who work for or with insurance companies. These policies are contracts between the person purchasing the policy and the insurance company.
When a person with a private disability insurance policy becomes disabled, a claim can be made for benefits and the insurance company is obligated to evaluate the claim according to the terms and conditions of the policy. If the claim is denied, then the person with the disability may pursue legal action immediately for enforcement of the terms and conditions and for payment of the benefits.
A private disability insurance policy is to be distinguished from the employee benefit policies from one’s work place (ERISA) or any government entitlement for disability purposes such as the Social Security system.
Private disability policies should be reviewed very carefully to be sure that the terms and conditions are not so difficult that it would be impossible to obtain benefits if a disability occurs. These policies are written by insurance companies and vary in their terms and conditions. For example, a policy may be written indicating that if a person cannot do his or her own occupation, and the limitations are supported by medical evidence, that person may be considered disabled. Another policy may indicate that a person is disabled only if he or she is unable to perform any occupation, not just his or her former work.
Our attorneys can advise you with regard to the terms and conditions of a policy, whether it be before purchasing one or when you are trying to obtain benefits from a policy you already have.
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