Long Term Disability Law Blog
Being a loyal client of a disability insurance company is no guarantee that the disability insurance company will honor its end of the bargain when it comes to having to pay you disability benefits upon you making a legitimate claim. In the case of Robert Goldstein v Provident Life & Accident Insurance Company (Provident Life), the plaintiff had participated in two disability insurance policies issued by Provident Life. One policy was issued to the plaintiff on November 1st 1986 and another policy was issued to the plaintiff on April 1st 1990. Provident Life was recently sued by an Orlando disability attorney because of the refusal of Provident Life to honor the terms of the policies that it issued to the plaintiff on having to pay him disability benefits in the event he became disabled.
The Nature of the Complaint
Under the terms of both Provident Disability insurance policies disability was defined as;
“Total disability or totally disabled means due to injuries or sickness:
1.You are not able to perform the substantial and material duties of your occupation: and
2.You are receiving care by a Physician which is appropriate for the condition causing the disability.”
The plaintiff on June 23rd 2009 became disabled. He then filed a claim for disability benefits with Provident Life in December 2009 after the required 180 days elimination period as dictated under the policies. In addition, the plaintiff performed all his obligations and fulfilled all conditions that were required under the policies.
Nevertheless, Provident Life on February 3rd 2011 rejected the plaintiff’s claim for disability benefits and then denied him coverage under the policies. As a result of Provident Life refusal to pay disability benefits and denial of coverage to the plaintiff under the policies issued by Provident Life, the plaintiff have no other recourse for remedies except to file a lawsuit against Provident Life for his entitlements under the policies.
Relief sought by the Plaintiff in the Action
In the lawsuit filed against Provident life, the plaintiff contended that he had suffered damages as a result of Provident Life’s actions and still remains disabled to date. As such, the plaintiff is seeking:
- A Jury Trial
- All Residual Benefits under the policies
- Damages
- Prejudgment interest
- Attorney fees and costs
- Any further relief that the court deem just