Deadlines and your Claim
Many of us go through life trusting that the endless stacks of insurance paperwork that is thrown our way is fair and just." We rely on our employers to ensure that the policies they buy will cover and compensate us if ever the need arises." While it is sometimes common to have access to adequate insurance through employment, insurance companies usually scrutinize all claims in an effort to both weed out falsified claims for compensation, and to sometimes reduce benefits where possible for valid claims (in an effort to protect their bottom line).
In previous blogs, we have explained that a summary judgment is a legal action taken to possibly prevent a trial from beginning by affecting key elements of a case." Its primary purpose is to allow one party to challenge the foundation of a case or elements within a case before a trial commences.
In the case of Nguyen v. SSQ Life Insurance, Mr. Nguyen was being denied a claim for long term disability (LTD) after an accident on the basis that the time period had elapsed under both the contractual and statutory periods." The insurance company filed for a summary judgment based on those grounds.
The type of policy provided to Mr. Nguyen (the plaintiff) through his place of employment encompassed the following:
- Sixty percent of the month's gross salary would be provided for long term disability where total disability was proven
- A little over a three month period has to elapse before the entitlement period begins
- A ninety day window is afforded after the three month elimination period to allow for the filing of claims
Expertise.
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