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.
5 out of 5 starsposted 1 month ago
Chris Roy fought for me when my private disability company, Unum, suddenly cancelled my disability payments.
In the course of his research to restore my benefits, he discovered that Unum's action was anything but sudden. They had been carefully laying out a plan to cancel my benefits for months before I knew anything about it. Chris Roy carefully pieced together the complicated puzzle pieces of what the insurance company had set out to do: kick me off their policy.
I am permanently disabled, but the insurance company thought otherwise. And they set out to prove it with doctors and consultants that never examined me. The result was a proliferation of false and misleading opinions that the insurance company used to justify the cancellation of my monthly benefit payments.
As soon as I spoke to Chris Roy on the phone for the first time concerning this, I knew that he would be able to help me. He understood the issues and was very familiar with Long Term Disability Insurance company tactics.
Soon after that phone call, we then began the process of assembling an appeal to the insurance company. I had seen several doctors over the course of my disability period, and significant amounts of medical records had to be gathered. This took months, as there were so many. But Chris and his staff worked tirelessly to make sure no relevant details were left out of over 10 years of medical treatment I had received while disabled. Every x-ray, MRI, EMG nerve test, and doctor visit was gathered in pain staking detail.
The appeal was filed in a timely manner. When the insurance company dragged their feet on a response, Chris Roy continued to press for a ruling. We were ready to take legal action if my benefits were not restored.
Shortly thereafter, Unum reversed their decision, and restored my disability payments. My months of worrying were over!
Chris Roy not only got my benefits restored, he helped me save my house. I would not hesitate one moment to recommend his services.
4 out of 5 starsposted 4 days ago
I was very discouraged and at the end of my rope. I was losing my long term disability benefits, but I had no idea how to fight back. In order to be treated fairly I had to hire an attorney! Enter Roy Law. Without having to sue, Roy re-established my monthly benefits, and got my back benefits paid as well. I've extremely glad I made the call to Roy Law!
5 out of 5 starsposted 1 month ago
Chris and his firm are solid. He won my appeal with a well written and supported document. He and his firm go out of their way to fight for you to make things fair. Thank-you Chris. It is so really appreciated!
520 SW Yamhill Street
Portland, Oregon 97204
503 206 4313 | 855 306 4313
503 716 3854 Fax
Mental illness disability claims require specialized input lnkd.in/btxM7vT
To Beat the Coming Disability Insurance Disaster, Stay Healthy lnkd.in/b8UJrY9
Getting It Wrong on Disability Insurance lnkd.in/b-guXsB
A Social Security Disability Primer lnkd.in/bx-uN6T
Battle over Social Security looms in House lnkd.in/b6nqFtt
10 questions to ask when purchasing disability insurance lnkd.in/bxUv2ZT
Many Of Us Forget To Insure Our Most Valuable Asset lnkd.in/bHQ5WtK