In addition to representing employees in disputes over ERISA-governed group disability insurance plans, Roy Law’s disability lawyers also represent individuals throughout Oregon, Washington State, Hawaii, Alaska, California, Arizona, Nevada, Idaho, and Montana holding private, individually purchased disability insurance policies. State contract, tort, and consumer protection laws govern disputes over those private individual income replacement policies.
A private disability insurance policy is a written contract, and a wrongful disability insurance claim denial is a breach of contract. Proving breach of contract allows an insured to recover actual damages, like back benefits and damages incidental and consequential to the breach, like costs arising from an inability to pay living expenses. Private disability contract laws are unique in that disability insurance policies are, adhesion contracts where one party, the disability insurance company, has all of the bargaining power, and the other party, the insured, must take the deal as offered. Additionally, all states have disability insurance regulations affecting the legality of certain disability contract provisions. Therefore, private disability insurance policy disputes require a specialized understanding of law, and how they are applied from state to state.
In addition to breach of contract claims, most states allow those wrongfully denied private disability insurance benefits to also allege first party bad faith tort claims. Proving bad faith allows for recovery of extra-contractual damages related to the emotional pain and suffering caused by wrongful disability insurance claim denials. Some states have even enacted special statutes to help protect residents against bad faith. For example, Washington State recently enacted the Insurance Fair Conduct Act where claimants may be able to recover treble damages in certain situations. However, some states like Oregon do not allow first party bad faith claims.
Under either a claim for breach of disability insurance contract or bad faith, insureds may be entitled to their reasonable attorney fees and costs should their private disability claims prevail.
If you have any questions about private disability insurance law please give us a call. Roy Law does not charge for initial consultations or case evaluations.
5 out of 5 starsposted 3 days ago
I was being treated like a thief by an insurance company. I could fill a page with the explanation of the run around that I was receiving ...making me want to drop the case and just forget about hundreds of thousands of dollars that they owed me..insurance commissioner? Forget them. They were completely useless in my case. After many calls to different attorneys offices I found Chris Roy..
I don't know who wrote the bad reviews of this law office...but in my case Chris Roy was tenacious and communicated every detail with me ..believe me ...he made the insurance company pay attention.
Be smart , document your case carefully, and then turn it over to Chris Roy.
Don't get pushed around by an insurance company..be smart, get Chris Roy to help you.
5 out of 5 starsposted 2 days ago
I was like the many other people that wrote a review for Chris Roy. I have paid into my long term disability insurance on and off for over 18 years. I have always tried to keep working despite having 4 brain surgeries and 2 neck fusions in 6 years!! I really believed it would matter, that my hard work and determination would make a difference. I believed that if the day came that I could no longer work, I could be proud and unashamed knowing I had done everything I could to keep working. Instead the opposite was true!! Prudential has taken everything from me and I've been fighting them for 10 long horrible months!!
Thank God for Chris Roy, Danielle Barber and the rest of his staff!!! My only regret is that I didn't hire them from the beginning!! We are still fighting for my benefits but I sleep so much better knowing they are in my corner! They work hard and care about their clients. They are extremely knowledgeable and give me confidence that we are eventually going to be ok!
I saw in one gentleman's review about the Department of Buissness and Consumer Services, that they would not help. This has been true for me as well. It is very disappointing that these organizations do nothing to help the people being victimized by billionaire companies during the worst times of our lives!! I wish we could form some sort of petition with enough signatures that they could not ignore us anymore!!!
5 out of 5 starsposted 4 months ago
Chris Roy JD specializes in defeating (the) Standard Insurance with their dirty tricks; I have no doubt that I would have been just another victim without his expertise. What very much impressed me during my initial interview was his quiet, self-assured confidence - NO arrogance or over-confidence - but a demeanor resulting from experience and sound judgment. Everything that he predicted about my case came to pass as described, meaning that I won my case. It is unfortunate that we, as disabled insured workers, must go to these lengths, but I am fortunate to have Chris Roy on my side.
5 out of 5 starsposted 1 month ago
After denial by my LTD and being treated less than a person Roy Law submitted my appeal. This forced the LTD company into hiring an IME.
After the IME examination my claim was approved. Then the staff at Roy Law interfaced with the LTD to correct numerous accounting errors. His staff treated me with compassion and understanding during the process.
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