Legal Question in Insurance Law in North Carolina

Longterm Disability benefits terminated unfairly

I have been on perm. disability since August 13, 1999,

was sent to hospital and admitted on the 12th from work, I have been on extended disability benefits which all my physicians have covered. I have been sent to several of Ins. Company's independant doctors,

that confirmed all physician findings that I am unable to work. I received a two day notice to go to another independant, I making every effort to change appointment due to mother's major surgery. I was terminated benefits. Please what recourse of action do I have?


Asked on 2/01/01, 1:46 pm

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: Longterm Disability benefits terminated unfairly

If an insurer is unreasonably interfering with your

right to policy benefits, they can be sued. If you

have this policy as an employee benefit from work,

then you may be under the federal ERISA law. The

company would be liable for benefits and possibly

attorneys fees.

If not a work-related policy, then they could be

sued for bad faith which entails additional damages.

You should write a letter to the adjuster (I am

assuming your benefits were terminated by letter)

and demand a written explanation of why this occurred

within 5 days. If their reasons are put down in

writing you have a basis to do something.

I would contact an attorney who knows something about

this area of law - and ERISA is also a specialty.

You could also contact your state dept. of insurance

or consumer affairs agency.

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Answered on 3/17/01, 2:16 pm


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