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Archive for the ‘Critical Illness Claims & Lawyers’ 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.

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Posted in Aaron Waxman & Associates, Chronic Pain Claims, Critical Illness Claims, Critical Illness Claims & Lawyers, Critical Illness Claims Lawyers Toronto, Critical Illness North York, Disability Claims, Long Term Disability Claims, Personal Injury Lawyers, Personal Injury Lawyers North York | Comments Off

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.

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Posted in Aaron Waxman & Associates, Critical Illness Claims, Critical Illness Claims & Lawyers, Critical Illness Claims Lawyers Toronto, Critical Illness North York, Critical Illness Protection, Personal Injury Law, Personal Injury Lawyers, Personal Injury Lawyers North York, Serious Injuries, Serious Personal Injuries | Comments Off

Myths about Life Insurance/Why you should consider Critical Illness Insurance

Tuesday, January 24th, 2012

Forbes.com posted an article about 5 Life Insurance myths. The article relates to myths concerning the needs for life insurance primarily.

Our firm handles all types of insurance claims that have been denied, including life insurance claims and critical illness claims.

One myth that is examined is ‘Everyone Needs to Have Life Insurance’ – this is speaking to people who have dependents and large estates. But, what about people who do not fall into these categories? The key is to purchase as much insurance as you need, so that your policy is affordable. It is worth looking into life insurance sooner rather than later, before you develop health issues as life insurance policies are medically underwritten and premiums do depend on the type of health you are in. If you anticipate you will need life insurance, then you are the type of person who should have it.

Another interesting myth that is examined is ‘You don’t have to worry about your life insurance policy after you purchase it’. A change in your marital status, familial situation, financial situation can affect your policy. You should make sure your policy is up to date and will provide adequate coverage for all beneficiaries.

So why would someone want to have critical illness insurance on top of a life insurance product?? Well, the answer is, you just never know. You don’t. Illness can strike at any time. We have previously posted about the benefits of critical illness insurance and how it provides a lump sum payment when a serious illness occurs. A life insurance policy’s benefits are known.

The critical illness policy begins when the ‘critical illness’ happens and is in place to help cover medical expenses, and ease the financial stress of a difficult situation.

You can and should have multiple insurance products to protect yourself. Long Term Disability benefits can help with income replacement, a Critical Illness Insurance policy can help when serious illness occurs and a Life Insurance policy protects your loved ones when you are no longer around.

In our next blog post we will look at why purchasing long term disability benefits and critical illness insurance benefits is a wise choice.

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Posted in Aaron Waxman & Associates, Critical Illness Claims, Critical Illness Claims & Lawyers, Life Insurance Claims, Personal Injury Lawyers North York | Comments Off

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.

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Posted in Aaron Waxman & Associates, Critical Illness Claims, Critical Illness Claims & Lawyers, Critical Illness Claims Lawyers Toronto, Critical Illness Protection | Comments Off