Legal Question in Insurance Law in Florida

I was awarded long term disability benefits, Provident Unum, and was paid benefits, monthly, for about 12 years, many medical reviews during that time, always continued benefits. Provident Unum suddenly closed my claim, stopped paying benefits, because, they stated, the original benefit amount was mistakenly calculated, by provident Unum, per their statement, and I had been overpaid all these years. They also stated that since it was their mistake, they would not seek repayment of the overage. (I have all the above in writing) I did research my records, and they are correct that they miscalculated by a decimal point (multiplied by 10 instead of 1) Being as the amount of benefit was awarded by them, and no misrepresentation by myself, was it legally correct to cut me off from future benefits?

Asked on 5/24/13, 10:44 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Assuming your contractual rigjhts were far less than you were paid, then it is proper of them to stop the benefits. They would be entitled to a credit for their overpayment and if that results in no benefits payable under your policy then stopping them may be proper. It is impossible to know whether all those contingencies are met in this fact pattern as presented. Seek legal help with all your paperwork.

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Answered on 5/24/13, 10:50 am

J. P. Gonzalez-Sirgo J.P. Gonzalez-Sirgo, P.A.

Maybe. More information would be necessary. Even if the insurance company were entitled to some sort of credit I am not certain that they are entitled to completely cut you off.

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Answered on 5/24/13, 12:45 pm

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