 At the South Florida law firm of Wagar Law, P.A., we represent clients throughout Miami-Dade, Broward and Palm Beach Counties. People come to us every day asking questions about ERISA, disability and life insurance claims. If you or a loved one believe you have been treated unfairly by your insurance company, you may find the following questions and answers helpful.
Frequently Asked Questions
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1. Will my insurance company put me under surveillance during the claims process?
Insurance companies are known for using surveillance to observe your activities. They measure your recorded activities in relation to your claims regarding your ability to work. It is not uncommon for an insurance provider to misuse or misinterpret their surveillance evidence which can trigger a denial of benefits. It is important to keep in mind, surveillance evidence is (generally) admissible in court.
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2. What constitutes insurance bad faith?
As a claimant/insured, you may be able to recover damages from your insurance company if they fail to act in accordance with the terms of your insurance policy. This is called acting in “bad faith.” Florida laws allow for recovery of punitive damages in certain cases. You may also be entitled to receive attorney fees and court costs. If for example, your insurance company refuses to settle your case within the policy limits (assuming liability is present), they may be liable for a bad faith claim.
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3. Why is my insurance company allowed to offset my monthly disability benefits?
Insurance companies will look for every opportunity to reduce the money they pay out in claims. Reducing monthly benefits is a common strategy.
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4. Am I automatically eligible to receive disability benefits from my insurance provider if I receive disability benefits from the Social Security Administration?
If the US Federal Government provides you with Social Security disability benefits, your insurance company may use this information to refuse or reduce your claim. They may even deny your disability benefits altogether if they can.
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5. Can I get a copy of my claim file from my insurance provider?
You are entitled to receive a copy of your disability insurance claim file from your insurance company. According to the U.S. Department of Labor: "a claimant shall be provided, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant's claim for benefits. Whether a document, record, or other information is relevant to a claim for benefits..."
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