DISABILITY INSURANCE – KNOW YOUR STUFF
Teri Powell, a former Spanish teacher living in South Dakota purchased a disability insurance policy from CUNA Mutual Group and CUNA Mutual Life Insurance Company (defendants) on a home equity loan of $50K from her credit union. Court documents stated that "upon becoming disabled, Powell applied for benefits under her policy and was told by the defendants that she applied too late for her claim to be considered on its merits."
“CUNA denied her disability benefits on the grounds that Powell didn’t get her claim in on time to be considered. These defendants knew the claim was not late and intentionally disregarded the policy and South Dakota state law” says Frank N. Darras, the nation’s top disability insurance attorney.
"Insurance companies use delay and wrongful denial strategies to take advantage of the disabled and senior citizens all too often. Insurance companies know the disadvantage and disabled are weak and can't fight long. They surrender quickly if they are constantly challenged to produce and re-produce the same claim documents over and over again. Sick insured's don't have the strength, the fortitude or the staying power to take on a billion dollar insurance company," says Darras.
Case in point: In the Powell matter, the allegations against CUNA included misrepresenting to Ms. Powell the definition of disability, misrepresenting not receiving communications from Powell's attorney, and denying her benefits after her first year of disability based on a contrary definition of disability in her policy. A Federal jury found CUNA lacked a reasonable basis for the denial. CUNA was found to have acted with malice, oppression and deliberate and reckless disregard for Powell's disability rights.
Unfortunately, like many other terminally ill disabled plaintiffs,
Whether you purchase supplemental disability insurance through your credit card, mortgage disability insurance or home-equity line, be careful. Read and understand the fine print and get competent legal advice if you have questions or claim concerns.
“Most policyholders make fatal claim mistakes that could have been avoided if they sought out top insurance council. All too often they could have received guidance for free from a top insurance attorney if they had just known where to go and that is a shame,” says Darras.
“Disability Insurance is a smart move, considering 20% of Americans become disabled for a year or more sometime during their lives. Remember, research and find a reputable company with stellar claims paying practices. It just might save you and your family in the long run,” says Darras.
"If you have to fight your carrier to honor their commitment, it could be a long hard battle. Seek out top council and get free policy analysis, free claim help and bullet proof your claim so you don’t run into trouble. Taking on a billion dollar insurance company is tough enough when you are able, add chronic illness or a devastating injury without stellar representation is a recipe for disaster" says Darras.
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