Legal Question in Civil Litigation in California
I have a private disability policy with an insurance co. that refused to pay. It delayed my disability claim and then illegally cancelled my policy to avoid payment. I've been appealing my claim since 2009. Last month Mar 2011. I sent insurance co. a legal motion demand letter for breach of contract and negligence in return they sent me retroactive check for partial payment. Not sure if I should cash this latest check or negotiate for more, and or proceed with breach of contract lawsuit and negligence
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What does it mean? Does this mean if I cash the retroactive check for 1 year partial back pay --will that wave my rights to sue for money still owed. Can I send another demand letter for what's still owed and an acceptance letter for the back pay that I received?
In past I tried Dept of insurance complaints, Better Business Compliant, and appeals and demand legal motion letter. In response, I want to accept the 1 year partial retroactive approved payment but include solvency demands for remainder amount owed. I do not want to give up my rights to money still owed and rightful future entitlements that should be paid to me up to 5 years. In addition, my disability contract also states when claim is approved then $1,500 monthly is paid for mortgage and any monthly premiums are waived upon approved claim.
1 Answer from Attorneys
No attorney can give an intelligent opinion without reviewing and knowing all the facts, documents, etc. IF there is a claim denial, you would have the right to TIMELY file legal action. Accepting partial payments or signing various documents might be considered a waiver of claims. You should consult with counsel to figure out what rights if any you have, and make decisions on what can and should be done, at what cost.
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