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Missoula Disability Claim Denial Lawyer

Missoula Disability Claim Denial Lawyer

Disability insurance is supposed to ensure continued financial support in the event that someone gets hurt and is unable to work for some time. However, there can be issues with the handling of claims that put policyholders in a difficult position.

These actions may be unwarranted, unfair, and illegal. If your insurer engaged in bad faith practices, it’s time to reach out to a Missoula disability claim denial lawyer.

Bad Faith Practices Disability Insurers Utilize

Disability insurance companies are no different from any other type when it comes to the tactics they use to not have to pay on claims. Approaches they most commonly use include:

  • Misrepresenting policy documents or coverage information to avoid having to make a payout.
  • Denying claims without cause or for unauthorized reasons.
  • Failing to follow a standard protocol in investigating or reaching decisions about claims.
  • An adjuster threatening, abusing, or using coercion in an attempt to settle a claim.
  • Not paying what you’re eligible to receive or called for per your insurance policy.

While the list above is far from comprehensive, it gives you an idea of the many different practices insurance adjusters or their employers engage in that may err on the wrong side of the law here in Montana.

So, if you suspect the treatment you’ve received is inappropriate or unlawful, be sure to consult with a Missoula disability claim denial lawyer to confirm if that’s the case.

Elements You Must Prove in Claims Denial Cases

The responsibility falls on your shoulders as the wronged party to prove that an insurance representative acted in bad faith. To do this, you must generally be able to show one or more of the following:

  • That they underpaid or refused to pay the claim without having a valid reason for doing so.
  • The insurer failed to process the claim efficiently, resulting in you incurring unnecessary peripheral costs (whether it was ultimately approved or not).
  • The insurance company’s conduct was unreasonable, and the insurer was aware of that fact.

Negligence is a construct that can be quite technical. What may appear to be negligent actions may not be under the legal definition of the word. This is why you’ll want an attorney to evaluate your potential claim to determine whether it’s a viable one before taking further action.

Understanding Unfair Claims Processing Tactics

One other type of claim we regularly handle, in addition to disability ones at our firm, is mishandled life insurance claims. Common disputes that arise involving this type of coverage include:

  • Issues whereby they deny a claim on the basis that the insured (decedent) didn’t disclose certain medical conditions they were required to.
  • Situations where the actual beneficiary of the policy is in dispute by the insurer.
  • Questions about whether the life insurance policy had actually already gone into effect at the time of the decedent’s passing.

Legal Action That May Be Necessary

Generally, the goal is for the claimant to be able to reach out to the disability or life insurer and try to resolve any disputes amicably. However, if that’s not the case, then filing an appeal directly with the insurer may be what the terms of the subscriber agreement call for.

If that doesn’t yield the intended results, filing a lawsuit may be in the cards.

The guidance a Missoula disability insurance claims dispute lawyer can provide you with so you’ll know how to put up the best argument or case so the respective parties rule in your favor or help you decide when to move from one stage to the next can be invaluable. So, use our contact form to get on our schedule for a free case review with a lawyer.

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Call us or fill out the form on the right to tell us about your potential case. An attorney will get back to you as quickly as possible.