Know More On Long Term Disability Policies

LTD policies, or long term disability policies as they are officially regarded as, are obtained by a lot of people as part of their actual compensation plan at their work. Usually, every single pay check is also going to include a certain partial payment towards the LTD policy which is a regular first party contract. Obviously, as a result, there is an obligation on behalf of the insurer to actively adjudicate LTD claims in a proper manner and in good faith.

This is an obligation which was conveniently upheld by the court back in 2015 in the Dube v. RBC Life Insurance Company.Now, let’s walk through the case to see why it is so significant. In this legal proceeding, Mr. Dube was actually injured in a motor vehicle accident and he wasn’t able to conduct his work obligations. His employer had given him an insurance policy with the defendant. The latter denied disability benefits on the grounds that the plaintiff failed to provide an actual notice of his claim within the first 30 days of the accident. Mr.Dube initiated civil action and the defendant immediately filed a motion to dismiss.

To put it in simpler words – the question was whether the fact that he missed his term equitable in comparison to the benefits that he had been entitled to receive.

The court found that his conduct was not unreasonable as his employer had incorrectly advised him that he didn’t really have an LTD policy. What is more, the court found that the RBC Company wasn’t prejudiced significantly by Dube’s failure to report his claimed. The company argued that they were unable to conduct any medical examinations earlier and the court ultimately ruled in favor of the plaintiff, allowing him 22 years of LTD benefits.

All in all, what this case shows us is that there are certain breaches that you can afford, should they have an equitable imbalance when stacked against the actual gravity of the case. It’s obvious that missing a 30-day filing term is not enough to disclaim 22 years of LTD benefits and that’s what the court argued.

In any case, it is quite important to ensure that you get the proper legal protection behind your back. Handling cases of the kind is absolutely challenging and should Dube’s lawyer failed to deliver, RBC would have probably gone away and gotten the case dismissed.

This is the main reason for which you need to seriously understand the importance of proper and professional legal representation. Most of the lawyers work on contingency fees and this is not something that you should be concerned with as you wouldn’t have to pay a cent unless some money is actually recovered. Thus, it is good to be clear on all aspects of working with a lawyer. They will advise and guide you accordingly.