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 2 weeks ago
I had lost my long term disability case with my employer insurance and needed to do an appeal. I called Roy Law with a million questions which were all answered. I went with Roy Law, thank goodness, as he won my case. They fought hard for me and kept me informed through the entire process and case he was building. I am very, very grateful for Chris and his staff. I can not say enough about how they helped me and my family. The insurance company made me feel as if I was lying about my condition, which made me doubt myself, but Chris proved my injury was disabling, (I knew I was and still am in severe pain) but I wasnt sure if it was bad enough. It was.
5 out of 5 starsposted 1 week ago
I want to thank Chris and Darrin for a superb job! They were very professional through out the process! I would recommend them to anybody I know.
5 out of 5 starsposted 1 month ago
Chris Roy and his firm are kind and extremely knowledgeable in their field of practice. I'm very satisfied with how my case was handled and especially the outcome. I would highly recommend Roy Law.
5 out of 5 starsposted 3 months ago
My experience with Roy Law has FAR EXCEEDED my expectations. In five months, Chris, Danielle and the rest of the staff won my appeal for long term disability. When I started the process of retaining Roy Law, I was skeptical of whether the firm could help me or not. After I inquired about their representation, Chris and Danielle called me immediately. Within 24 hours of explaining my case to Chris and Danielle, I shared their confidence that we would win the appeal.....and win they did. Danielle is truly a saint. She promptly answered every email and every phone call I made (and there were tons!) with patience and support. She was empathic to my chronic disability and genuinely concerned for my well being. Please DO NOT hesitate to use Roy Law for your disability case. A+++ rating. Thank you, Roy Law
5 out of 5 starsposted 4 months ago
Facing permanent disability and unable to work I thought my insurance would cover me, boy was I wrong! I had paid the premium for many years through my employer just in case something ever happened. With no where to turn, being denied by insurance and depleting all savings just to survive I felt helpless!
Searching the internet I found Roy Law. Taking a chance I called. What a godsend ! This Law Firm, and in particular Chris Roy, saved the day. I found everyone to be professional, caring, diligent and timely. They are not only good at what they do but they take the time to make sure you understand what you're faced with and the paths to help you make the best decision. Chris and his team were successful in turning my situation around. Chris truly cares about what they do and why they do it, and for the right reasons. His firm knows the industry and how most insurance companies only care about the bottom dollar and not necessarily about your health or situation.
I'm glad I found Roy Law and highly recommend them and their ability to Help! Don't hesitate to call or give them a try. I know I'm glad I did!