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It seems that video surveillance may be on the uptake for Hartford long term disability claimants.
I've got a potential client who may have a claim against one of the major long term disability insurance companies for lifetime benefits. (Yes, these policies exist--written long ago...collected premiums all these years...they just hate it when a claim is made)
Anyway, the claims rep tells him "you know, if you make this claim we are going to bug you and pester you for the rest of your life. We'll not only require every form known to man but you'll never know when the truck down the street is hiding our video surveillance."
The potential client, to his great credit, didn't take the bait and argue with the guy.
He just said: that's exactly what Ben Glass told me you would say!"
The Fourth Circuit Court of Appeals dealt a huge blow to Prudential Insurance Company of America yesterday in an ERISA long-term disability case.
The case is
Patricia Woods vs. Prudential Insurance Company of America.The big issue in these cases is whether a federal judge and look at a claim denial "all over again" or whether he has to grant deference to the insurance company denying the claim.
In order to grant deference, the disability plan must have certain magic language in it "granting discretion."
The Court of Appeals ruled that standard language that Prudential uses in its plans does not grant discretion and that claims must be reviewed de novo.
This could effect thousands of Prudential group long term disability insurance policies and is a major victory for claimants.
Attorney Ben Glass is the author or
Robbery Without a Gun, Why Your Employer's Long-Term Disability Policy May be a Sham.