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Linda C | How long to sue for disability insurance in Oklahoma? |
Have claim against Hartford Disability Insurance that my husband paid for through his employer. Have been denied twice and the alternative is a lawsuit. Having problem locating attorney, could use help on that also, but especially need to know if anyone does the deadling to file? |
 |
 
Steve
|
First and foremost, you need the contract terms from Hartford.
The contract controls everything unless it is overreaching or unconscionable. But generally, written contract claims have a five year statute of limitations following the breach in Oklahoma unless contracted otherwise. Most tort claims are two years in Oklahoma. |
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delise@flash.net
 |
Hello fellow Okie!
Attorneys are very slow and you have to continually keep calling them. He should be the one who tells you when the deadline is. So keep calling, or get another lawyer.
Good luck to you. |
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krystle579
|
If your going to sue, you have to find an attorney. I would search for an attorney that specializes in disability claims, usually the phone book will list attorneys by their specialty.
The policy must list how you can handle disputes (and you have the right to obtain a complete policy) , but they always make it sound like you don't have any options, which may not necessarily be the case for your situation.
Each state also has a statute of limitation (usually longer than an insurance company's), which an attorney would know, so check the time limit on that as well. That might be on the internet somewhere. |
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cjl1618@sbcglobal.net
 |
every policy has the time limitations spelled out in them. They will also have a detailed policy on how to dispute the findings. Dont miss the deadlines or you are out of luck.
Has he gone through Social Security as well? What were there findings?
I just went through this. |
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D Phillips
|
A statute of limitations is the maximum amount of time that you have to file a formal claim, either with your insurance company or, (if the claim has been terminated or denied) in court. The statutes of limitation applicable to a particular claim depends on your policy, the theory of your case, and the laws of your state.
For example, you may claim that the insurance company broke the contract (a contract claim) and/or that the insurance company committed fraud or bad faith (tort claim). Under state law, contract claims and tort claims may have different statutes of limitations.
In addition to statutes of limitations imposed by state law, some insurance policies contain contractual limitations provisions, which require the policyholder to file a lawsuit within a given period.
Such provisions inserted by the insurance company can pose a serious problem to the consumer, and therefore some states do not enforce them. This is especially so when the insurance company is negotiating and discussing the claim with the policyholder while the period is running.
Other states do enforce these provisions. It is very important for you to find out whether or not there is a contractual limitations period set forth in your particular policy. |
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mbrcatz
|
If you've been denied twice, and are having a hard time finding a disability lawyer to take the case, maybe you don't have a very strong case? If you feel that you do, you can always pay an attorney up front, but just the fact that you're having a hard time finding a lawyer means they see you having a hard time winning the case.
I don't know the deadline to file in OK, sorry, but usually the sooner the better . . . |
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