Legal Question in Personal Injury in Massachusetts

Statements made by PI to Insurance Company

I am in a protracted dispute of LTD benefits with my insurer. They hired a PI firm who submitted a report in writing with portions that were simply ''made up'' for lack of a better term.

I am disabled and they have said I Fish, Golf, and Boat. I have actually never done any of these things, ever!

Do I have recourse? I am being denied benefits on the basis of these reports.


Asked on 2/21/07, 3:04 pm

1 Answer from Attorneys

J. Whitfield Larrabee J. Whitfield Larrabee

Re: Statements made by PI to Insurance Company

I would need to know more about your relationship with the insurance company to give advice specific to your case.

Generally, there are a variety of rights that policy holders and other beneficiaries have when an insurance company unfairly denies benefits. Massachusetts General Laws ch. 176D and ch. 93A provide protection from unfair and deceptive claims settlement practices by insurance companies.

If you purchased a disablilty insurance policy, you may also have a breach of contract claim against the insurer. An insurance policy is a contract.

If your claim is based on employment benefits, you may have some rights under ERISA, a federal law.

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Answered on 2/21/07, 3:31 pm


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