Can I get legal help on an insurer stalling and refusing to honor my short term disability claim?

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Can I get legal help on an insurer stalling and refusing to honor my short term disability claim?

I have an allstate short term disability policy and have been off work under doctors orders due to heart problems and allstate has stalled, come up with excuses that they need more information but I send them what they say they need only to get stalled again. So far their actions have caused me to lose my auto, washer, dryer and television, and almost homeless, and past due on utilities. What can I do?

Asked on February 9, 2017 under Insurance Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you believe that your insurer is violating its obligations under the policy, in that it is not paying or honoring a claim which it should, you could sue them for "breach of contract" (since an insurance policy is a contract); if you could prove in court that under the plain terms of the policy (courts enforce the plain or obvious terms of contracts, including insurance policies) and the facts of this situation that they should have paid, you can get a court judgment in your favor requiring them to pay. Clearly, an attorney would be helpful, but of course, you'd have to pay for a lawyer, which could eat into what you hope to recover; you could also proceed "pro se," or as your own attorney.


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