520 SW Yamhill Street | Suite 212 | Portland, Oregon 97204 | 503 206 4313 | 855 306 4313 | Fax 503 716 3854

In addition to representing employees holding ERISA-governed group policies, purchased through an employee benefit plan, Roy Law also represents Oregon, Washington, and Idaho residents in disputes over individually-purchased private long-term disability insurance policies. State contract and tort laws govern those disputes.

In Oregon, Washington, and Idaho, private long-term disability insurance policies are written contracts between an insurer and an insured, and an insurance company’s wrongful failure to pay disability insurance benefits is a breach of contract. Proving breach of contract allows an insured to recover actual damages, like back benefits due under the contract, as well as damages incidental and consequential to the breach of contract, like damages arising from an inability to pay living expenses.

Washington and Idaho laws also allow claims for first party bad faith. Proving bad faith allows for the recovery of extra-contractual tort damages like emotional pain and suffering. Moreover, under Washington’s recently enacted Insurance Fair Conduct Act, in certain situations a claimant may be able to recover treble damages. Oregon does not allow first party bad claims.

Under either a claim for breach of contract or bad faith, insureds may be entitled to their reasonable attorney fees should their long-term disability insurance claim prevail.

If you have any questions about Oregon, Washington or Idaho’s contract or tort laws, or how they may impact your long-term disability insurance claim or appeal, please contact us to discuss.

Roy Law does not charge for initial consultations or case evaluations.