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Archive for the ‘Critical Illness Claims Lawyers Toronto’ Category

Global Study Reveals People Worldwide are Living Longer, but with Disabilities and Diseases of Modern World

Saturday, December 22nd, 2012

Nearly everywhere around the world, people are living longer. Increasingly, however, people are living with chronic diseases and disabilities of modern life.

The last comprehensive global study took place in the year 1990. Back in 1990, the top health problem globally was the death of children under age 5.

Currently, the biggest contributors to the global health burden is chronic diseases, injuries, mental health conditions, and bone and joint diseases. In developed countries, these account for more than half of the health problems in the population.

The research appeared in the online journal, Lancet, more than 480 researchers in 50 countries collaborated, gathering data from 1990-2010. The series of information was paid for by the Bill & Melinda Gates Foundation.

Globally, the leading causes of death are heart disease, stroke, lung cancer, liver cancer, stomach cancer, colon cancer and AIDS.

People are living longer in chronic pain and with physical and mental disabilities.

It is a time for people to consider long term disability insurance and critical illness insurance.

Critical illness insurance assists with any costs associated with facing a critical or long term illness. Critical illness insurance provides you with a one time lump sum payment upon survival of a designated waiting period (survival period) of one of several specific condition ( cancer, stroke, Alzheimer’s etc).

If you encounter a denial of your long term disability claim or critical illness claim, the lawyers at Aaron Waxman and Associates can assist you with your claim. We are a Toronto Personal Injury Law Firm that practices personal injury law. We only represent the rights of injured people.

Pre-existing conditions and Critical Illness Claims – Duke v. Clarica Insurance

Wednesday, September 5th, 2012

The Alberta case of Duke v. Clarica Insurance involves the denial of a critical illness insurance claim.

Mr. Duke was diagnosed with Parkinson’s Disease. He applied for critical illness through Clarica in 2001 and purchased a policy for critical illness coverage in the amount of $500,000. He submitted a critical illness claim on May 15, 2003, accompanied by an Attending Physician’s Statement. The Statement was completed by a neurologist.

He was advised that his claim was denied in September of 2003.

Parkinson’s Disease was a covered critical illness under the policy. Clarica stated that according to reports they had received, Mr. Duke’s medical history revealed symptoms of Parkinson’s Disease as early as 1997,  before the policy came into force, therefore they were denying the claim.

The Court was faced with the task of deciding two crucial issues, which can be applied to critical illness claims:

1. Is the Exclusion Clause Ambiguous?

2. Does the Plaintiff Qualify for Benefits?

The Court found that neither Mr. Duke or any of his treating physicians or assessors had associated his earlier symptoms with Parkinson’s disease prior to issuing the policy. The Court also found that the Plaintiff had no obligation to disclose these physical concerns at the time. They were generalized symptoms. The wording of the exclusion clause was found to be ambiguous and the Court found that it did not apply and that Clarica improperly denied the CI benefit.

With respect to the second issue, the Court deemed that Mr. Duke required substantial assistance in order to perform his activities of daily living and satisfied the criteria needed to require a critical illness benefit.

Mr. Duke was awarded damages in the amount $500,000, the amount of the critical illness insurance claim benefit.

Clarica appealed the decision and lost.

The judgement states: “Finally, it is agreed that the respondent was completely honest and forthright in his disclosure and did not in any way misrepresent or conceal his condition or his general state of health from the appellant, nor did he attempt to mislead the appellant.”

The full case can be found here: http://www.canlii.org/en/ab/abca/doc/2008/2008abca301/2008abca301.html

Aaron Waxman and Associates is a Toronto Personal Injury Law Firm. We handle critical illness insurance claims. If your critical illness insurance claim has been denied, contact us for a free, no obligation consultation.

Checking in with your Insurance Needs

Thursday, March 22nd, 2012

Are you ready for life’s unexpected curveballs?

How would you manage financially if you were diagnosed with a serious illness and were unable to work? Or suffered a serious injury that rendered you unable to work?

Changing lifecycles are changing insurance needs. People are living longer, supporting adult children and are more active later in life compared to previous generations. The average life expectancy for men and women has increased. Due to medical advancements, more and more people are surviving critical illnesses.

Another change that has been happening is that people are choosing to have children later in life. Statistics Canada has revealed that more women are giving birth in their 40s.

What does this mean? Critical illness insurance is becoming more and more important. Why? It protects a family’s income and savings.  It protects a business person’s income and savings.

Having adequate insurance is important if you are self-employed or have a family or are planning to start a family. The sooner you obtain insurance, the better your premiums will be given your age, and it reduces the risk of being declined for coverage due to health issues.

To read more about the changing need for insurance, read the press release, “70 is the new 50″  issued by TD Insurance found here.

A recent article in the Globe and Mail, called “Lessons learned from a tragic game of touch football” also visited the necessity of critical illness and financial preparedness.  Changing work and family dynamics have made protecting income and finances necessary, especially as the health-care system deals with an aging population that is living longer and the federal government discusses possible changes to Canada Pension Plan and Old Age Security.

 

There are growing numbers of people who are self-employed or who have contract jobs, or are employed without benefits and insurance plans that supplement or protect their income and assets.

Critical illness insurance is a very important product. It’s been available in Canada since 1996. Consider the following:

  1. 1 in 3 Canadians will develop cancer
  2. 1 in 2 heart attack victims is younger than 65
  3. 3/4 of the 50,000 Canadians who suffer from a stroke annually will be left with a disability

Critical illness insurance pays a lump sum amount if the policy holder is diagnosed and meets the survival period. The general idea is that the lump sum covers the amount of income that may be lost while the person is off work for treatment or recovering. It can also offset the cost of private nursing care, attendant care, medications or other such needs.

Aaron Waxman & Associates handles critical illness insurance claims. In the event that your claim is denied, contact us for a free consultation.

 

 

 

 

 

Critical Illness Insurance is available for Children & Youth too

Tuesday, January 3rd, 2012

Critical Illness Insurance is one of the newer insurance products available in Canada. But most insurance companies have been gearing their plans towards adults and the work industry.

Parents should know that there are critical illness insurance plans available for children and youth. There are certainly many illnesses that one can become afflicted with as an adult but a child should be protected from childhood illnesses as well.

Insurance companies are offering plans that cover illnesses like Type 1 diabetes, cystic fibrosis, cerebral palsy, muscular dystrophy, congenital heart disease.

Features and optional benefits of the plans include the option to convert the policy to an adult policy when the child becomes 25, without further underwriting ( a portion or the full policy can be converted). You can ask for a guaranteed premium, for a supplementary benefit for certain non-life threatening conditions. As well, you can have your premiums returned when the policy expires (when child turns 25) if you choose not to convert the policy.

As with any critical illness policy, the insured must meet the test for the survival period before the policy can come into force.

The “survival period” is the number of consecutive days the insured person must be alive and not have experienced irreversible cessation of all functions of the brain after the date the written diagnosis is made.

For most critical conditions, it is 30 days. For Bacterial Meningitis, Paralysis and Type 1 Diabetes it is 90 days. for Loss of Speech it is 180 days.

The diagnosis must meet the definition of the condition.

At Aaron Waxman and Associates, we take on cases where claims for critical illness insurance have been denied. You can see where claimants may have difficulties with their insurance companies with respect to the definitions of survival periods and definitions of conditions.

We have successfully handed these claims and continue to successfully protect our clients’ interests and rights against insurance companies.

Critical Illness Insurance: A Closer Look

Thursday, November 24th, 2011

Critical Illness Insurance is a relatively new product in the insurance world. Canadians are becoming more and more aware of its existence. It came to Canada in the mid to late 1990s. It is part of a Living Benefits Portfolio, intended to supplement disability insurance.

Critical Illness Insurance pays you a lump sum benefit. Payment of the benefit is based on a medical diagnosis versus a level of impairment which is the case in long term disability plans.

CI plans have a survival period you have to meet- usually 30 days, and it is exactly what it sounds like: you must survive 30 days after being diagnosed with a qualifying illness.

Coverage terminates upon payout of benefits.

What does CI insurance cover?

3 core “Illnesses”: Heart Attack, Stroke, Cancer

2nd Tier Conditions:

  • Coronary Artery Bypass Surgery
  • Neurological Conditions such as Parkinson’s, Multiple Sclerosis, ALS, Alzheimer’s
  • Major Organ Transplant, Kidney/Kidney Failure
  • Accident Related Incidents- Burns, Paralysis, Blindness, Loss of Speech, Loss of Limbs, Occupational HIV Infection

Other covered conditions: Bacterial Meningitis, Anemia

A Critical Illness policy is medically underwritten, meaning your medical history and family history are carefully reviewed.  With disability insurance, your medical health is considered, but not as carefully examined and closely reviewed as with Critical Illness policies. In a long-term disability policy, your occupation is what is heavily weighed.

As with any insurance policy, there are likely issues that would require a lawyer’s help. We refer to those as “litigious issues”. Sometimes insurance companies attempt to rescind policies for material misrepresentation or non-disclosure.  If you are purchasing a CI policy, you should not leave out important information such as pre-existing health conditions or appear to misrepresent yourself.

Section 308 of the Insurance Act states that it is up to the policy owner and the insured to disclose every fact withing their knowledge which is material to the insurer, and failure to do so, renders the contract voidable by the insurer.

The onus to prove that misrepresentation has happened is on the insurance company.

Another issue that might affect coverage is the actual diagnosis itself. First of all, a diagnosis must be made by a qualified specialist, and of course, the insurance company’s doctors have to agree with that diagnosis. Where some diagnoses may not be as clear cut as others, policy holders may run into difficulties.

At our firm, Aaron Waxman & Associates, we have handled many critical illness claims and are experienced in this area of law. We help our clients get access to the benefits they deserve and need.

Understanding Critical Illness Insurance & Why We Want to Help with Your Claims…

Wednesday, September 14th, 2011

Our blog will be featuring various entries concerning critical illness and disability claims. In order to help our readers, we have decided to dedicate a post to explaining a few definitions for critical illness insurance.

Critical illness insurance helps you to pay costs associated with life changing illnesses. Imagine you are in a situation where you aren’t able to work or pay your bills. These situations are usually unexpected.

What can critical illness insurance cover? Here is a list of many of the conditions:

  • Alzheimer’s Disease
  • Bacterial Meningitis
  • Benign Brain Tumour
  • Blindness
  • Life Threatening Cancer
  • Coma
  • Coronary Artery Bypass Surgery
  • Deafness
  • Heart Attack
  • Kidney Failure
  • Loss of Limbs,
  • Major Organ Failure/Major Organ Transplant
  • Multiple Sclerosis/ALS
  • Parkinson’s Disease
  • Severe Burns
  • Stroke

Even though this is a coverage you have purchased optionally, you have to meet specific criteria in order to ensure your claim is payable.

A Few Key Definitions:  (these may vary depending on insurance companies)

Activities of Daily Living:

a) Bathing (with or without equipment)

b) Dressing

c) Toileting and maintaining personal hygiene

d) Bladder and Bowel Continence

e) Transferring (in and out of bed, from a chair, out of a wheelchair, with or without equipment)

f) Feeding (with or without equipment)

Independent Assessment:

This refers to independent medical examinations, investigations or tests conducted by specialists chosen by the insurance company in order to conform the diagnosis of the covered condition.

Satisfied the Criteria:

If the Insured Person has satisfied the criteria:

  • has in all respects satisfied the definition of the applicable condition, received a diagnosis and where there are specific conditions to be met, satisfied those conditions;
  • is not subject to an exclusion in the definition of the applicable condition;
  • where required, attends independent assessments to confirm the diagnosis.

Survival Period:

This refers to the minimum number of consecutive days, after the date of diagnosis that the insurer person has to survive, depending on the condition they are claiming for. Other stipulations apply.

Payment of Policy Benefits:

Claims Reporting Requirements:

  • An insured person has to submit a claim for critical illness within a certain number of days of the onset of the covered condition, many insurance companies dictate 120 days as the submission period;
  • The forms are completed by the insured person and his or her physician;
  • The insured person is responses for any expenses associated with proving the claim;
  • Be prepared for the insurance company to request additional information.

Critical Illness Benefits Payable Upon Claim:

After your claim is submitted, the critical illness benefit amount is payable to the insured person once all the following conditions are satisfied:

  1. The insured is diagnosed with a condition that is covered through the critical illness policy.
  2. The criteria for the covered condition have been satisfied.
  3. The policy is in effect on the date of diagnosis of the covered condition.
  4. The insured survived the survival period/qualifying period as per the covered conditions.
  5. The insured has not suffered irreversible cessation of all functions of the brain (you cannot keep an insured person alive artificially for the purpose of claiming the benefit).

We hope that the above information has provided some clarity and insight into critical illness insurance.

Aaron Waxman & Associates assists clients with critical illness insurance claims. As is demonstrated above, specific criteria have to be met in order for a policy owner to receive benefits. When you are in need, our firm is here for you.