Texas Short-Term Disability Insurance Lawyer
According to the Texas Department of Insurance, more than 2,000 insurance companies sell insurance products in the state. While you may presume that most act in good faith when it comes to upholding their end of an insurance policy, the unfortunate truth is that not all of them do.
In fact, many insured claimants are turned down for ERISA short-term disability benefits in Texas. Although the rationales can vary, Texas disability insurance companies often do this to save themselves money. When they are not paying on a claim, they are watching out for their bottom line.
In many cases, these companies are acting on bad faith and jeopardizing the financial future of insured parties. Fortunately, an experienced ERISA attorney may be able to help you with such a scenario. If you were denied a claim for disability, a Texas ERISA short-term disability insurance lawyer could work with you to examine your provider’s reasons for rejecting their claim and advocate for your best interests and benefits.
Short-Term Disability Insurance Laws in Texas
Texas courts cannot decide whether an insured person should receive ERISA disability payments or not. However, they can decide whether an insurance company was abiding by other laws when they denied a claim for such benefits.
There are actually no laws encoded in the Texas statutes that specifically address short-term disability insurance. Even still, under general Texas insurance laws, insurance companies are legally required to act in good faith and to honor their own contracts. When an ERISA short-term disability insurance carrier denies a claim, it is possible that they are acting in bad faith or breaching the policy contract with the insured.
A short-term disability insurance attorney in Texas could examine an ERISA claims denial to determine if the insurance carrier might be breaking any federal or state laws. If so, the rejected policyholder has the right to seek compensation for their claim in a court of law.
Elements of a Contract
According to Texas case law—in particular, Hallmark v. Hand, 885 S.W.2d 471, 476—a contract must have the following elements present whether a Texas ERISA short-term disability insurance lawyer is involved or not:
- An offer – the insurance company has provided the terms of the potential contract such as premium amounts and when they need to be paid, as well as how much the benefit is for and under what circumstances the benefit would pay out
- An acceptance of the offer – the applicant agrees to the insurance policy and signs documents either digitally or on paper
- Communication that each party has consented to the terms of the agreement – the insurance carrier informs the insured party that their policy is now in place
- The execution and delivery of the contract with an intent that it becomes mutual and binding on both parties – the insurance company provides the insured with policy documents
Speak with a Texas Short-Term Disability Insurance Attorney
Insurance companies in Texas that deny claims should be held accountable for their decision. By contacting a dedicated Texas short-term disability insurance lawyer, you could be treated with compassion and respect by a legal professional who knows how much of a financial burden and uncertain future you may be facing if your claim for short-term disability insurance is denied. Call today to get started reviewing your disability claim and get professional help with the next steps in the process.