Lost Rebuilt Disability Policy After 10 Years CIGNA Court Rules Must Pay

Some requests may occur many years after the event that caused the impairment. The man in search of benefits was involved in an accident policy and special conditions issued by CIGNA when he worked as a volunteer with the community Shirley Ambulance Company. The policy not only accidents that may occur in covered employment. He also covered the disease may appear at a later date due to exposure to bodily fluids while performing everyday tasks.

Even if the proper test for 12 months for AIDS or hepatitis, he should continue to be tested each year thereafter. The man was not sick enough to claim the disability until 2004, 10 years later. The passage of time, the man who lost the copy of the insurance policy, but he still had a copy of the letter notifying CIGNA his injury. When CIGNA checked his records, he did not have a copy of the policy because it was company policy to destroy all records that were more than seven years.

The man wanted to file a complaint against CIGNA, but the company would not recognize the claim. Your disability lawyer asked the court to recognize the uniqueness of the situation and accept proof that his client was able to produce to prove that he had a complaint.

Both CIGNA and disability lawyer agreed that a known case asGold Fields Am. Corp. v. Aetna Cas. Co. guidelines the court should use to measure the quality of evidence. "Specifically, an insured may reveal the contents of a lack of insurance policy by using secondary evidence, and must do so by a preponderance of the evidence."

The preponderance of the evidence that would be acceptable were 1) oral testimony, because the original document has not been destroyed by bad faith; and 2) photographs of the document or the original attachments.

There were five evidence that contributed to the claim of the man he was entitled to disability benefits.

The district commissioner ambulance in the town of Brookhaven testified that the CIGNA policy was revised specifically for your health coverage that may take some time to manifest, such as AIDS or hepatitis. A copy of the policy purchased to replace the dated policy has been conducted with CIGNA that also included the delayed disease that arose from an incident that caused exposure to an infectious disease.

    The Commissioner of the ambulance district of the city of Brookhaven testified that the new policy was equivalent to the CIGNA policy.

    Proof that CIGNA had been informed of bite in 72 hours.

    The EMT also noted the ambulance company used the call records to confirm an event if the request came.

CIGNA answer for this race was to produce a policy that he claimed to be a representation of the policies that were issued at the time of accident coverage. Because politics has been produced does not reflect a policy which also covered sickness, the Court held that there was no equivalent policy.

Find that the testimony of the Commissioner and the policy which replaced the CIGNA policy were sufficient to represent the type of coverage that man would have received under the CIGNA policy. A review of your medical records showed that the man had been disabled since December 2004 and would be entitled to benefits under the replacement policy. Determine what your benefits would ultimately not in the public record. In fact, this can be solved directly with the insurance company and never enter the public record. This case highlights the importance of backing up your copy of the Disability Insurance Plan, particularly where the plan provides benefits for future disability are based on an injury that can take years to manifest. Io matter how many years have passed not destroy a secure document that can prove your claim. Leave nothing to chance with a disability insurance company.

Load disqus comments

0 Comment