Skilled Bad Faith Insurance Lawyers Serving New York
How would you respond if you found yourself unexpectedly unable to work because of a disabling illness or injury? You may not give the matter much thought, but it’s not as improbable as you might think – according to the most recent statistics from the Centers for Disease Control and Prevention (CDC), roughly 25% of adults living in the state of New York have a disability of some kind. Our New York Insurance Bad Faith Lawyer is here to help you navigate this difficult process.
If you find yourself unable to work because of a disability and you run into trouble when claiming on your long-term disability insurance policy, don’t panic. An expert New York insurance bad faith lawyer will be able to help you identify the issues with your claim and challenge any wrongful denial or delay by your insurance carrier.
Why Do Delays & Denials Happen?
Your insurer can’t simply refuse to pay out on your long-term disability insurance claim without telling you why it’s doing so; it must provide a reason. There are countless justifications disability insurance carriers use to delay or deny claims, with the following being among the most common:
- Insufficient medical evidence.
- Failure to meet the policy’s definition of disability.
- Incorrect or incomplete claim forms.
- Missed deadlines.
- Pre-existing conditions that were not disclosed or exclude coverage.
- Disagreements between the insurance company’s medical professionals and the claimant’s treating physicians.
It’s important to remember that your insurer has a financial incentive to play up any issue with your claim. The fact that the disability insurance company has refused to pay out on the basis of one of the issues above does not mean this issue is sufficient to invalidate your claim. A top-class insurance bad faith lawyer can help you get to the bottom of the problem, counter the reasoning behind your insurance company’s wrongful decision, and get you the monthly benefits you deserve.
How a New York Insurance Bad Faith Lawyer Can Help
The law around bad faith insurance in the state of New York is complex, and highly specific. That’s why it’s important to hire a specialist attorney with a long track record of success in disability insurance claims like this, which is what you’ll get from DarrasLaw.
If you work with us, we’ll walk you through every stage of the dispute. We’ll analyze your policy and your claim, negotiate with your insurance carrier on your behalf, and take your case to court if we have to.
What Is Insurance Bad Faith & How Can an Attorney Prove It?
Bad faith is a concept that exists in every type of insurance, and in the world of business in general. It typically refers to some kind of illegal or unethical action, such as fraud, misrepresentation, concealment, or a failure to fulfill a duty or obligation.
Such actions are considered a breach of the covenant of good faith and fair dealing. While New York does not have a specific statute that codifies this duty in the context of insurance, the principle is recognized and enforced by the courts as a general rule of contract law.
When it comes to insurance claims, examples of bad faith actions include:
- Denying or terminating benefits without conducting a proper investigation or providing a valid reason.
- Ignoring or misrepresenting medical evidence of the claimant’s disability.
- Failing to make a decision on a claim in a timely manner.
- Providing incomplete information on what is needed to process the claim.
- Refusing to provide claimants with access to their claim file.
- Misrepresenting the terms of a policy.
- Demanding excessive documentation or requiring medical exams that are not necessary or relevant to the claim.
- Intimidating or harassing claimants or their medical providers.
- Failing to properly train or supervise claim personnel.
Interacting With Your Insurance Company During the Claims Process
Depending on the size and complexity of your claim, you may have to undergo a large number of interactions with your long-term disability insurance company before you start to receive monthly benefits. These interactions are often fraught with risk for claimants, so it’s important to keep a few things in mind.
Firstly, it’s a good idea to contact a long-term disability attorney as soon as you suspect your insurance company may be acting in bad faith. Don’t enter into correspondence with agents of the company without seeking legal advice first, even if you think you know what the problem is.
Your insurer may request that you provide an official, recorded statement about your disabling accident, your reduced working capacity, or some other element of your claim. Again, we strongly recommend that you refrain from doing this until you’ve consulted with a long-term disability insurance attorney. Seemingly insignificant details and phrasing can become crucially important on a contested claim, and it’s easy to make mistakes if you’re not an expert in the area.
In some cases, insurance companies will deliberately delay their responses to you in an effort to cause frustration and make it more difficult for you to collect on your claim. A New York court is likely to view this as a bad faith tactic, particularly if time is of the essence in your case. However, you must be sure not to lose your patience; if you enter into unnecessary or poorly judged correspondences with the company, you may accidentally damage your claim.
It’s Time to Hire Our New York Insurance Bad Faith Attorney
Long-term disability insurance claims processes can be lengthy, confusing, and emotionally draining, particularly when you’re also dealing with the practicalities of a disabling illness or injury. Insurance companies lean into this reality, making claims as frustrating as possible in the hope that exhausted policyholders simply give up.
If you find yourself on the wrong end of an insurance claim denial or an unreasonable delay of monthly benefits, you need to contact a New York bad faith insurance lawyer to ensure your rights remain protected. Contact DarrasLaw today to schedule a free initial consultation with one of our top-class attorneys. We’ll provide an initial policy or claim analysis free of charge.