Insurer refuses to use email anymore!

Disability Insurance
1

Hello

My insurer, is refusing to contact me or to respond to me by email, and insists in using their Secure Mailbox.

This is a recent development, which occurred just after I have made use of my email conversations with my insurer to expose a bad faith attempt.

First I will 1) summarize the important facts, then I will 2) ask for advice.

  1. SUMMARY

I have been on LTD for X years, and during this time my interaction with my insurer was done predominantly by email.

However, in the last two months, two incidents occurred which caused my insurer change his mind with respect to using email, and to leave me a voice message saying that they are not allowed to email me anymore.

1.1) First Incident: May

In mid May, my case manager contacted me at a X year out of date address and attempted to call me at a X year out of date phone number. Upon being unsuccessful in these two attempts at contacting me, she sent me a bare email, with no content, except one attachment.

If I had failed to notice this deceptively bare email I would have been in breach of contract for failing to reply to multiple attempts by the insurer to contact me.

As such, upon realizing that I had just escaped a potential breach of contract situation, I escalated in the insurer’s hierarchy, stating how, through I had just found myself put in a situation to be in breach of contract. (This escalation was done by using my email, which is the email I have been using during the last X years, when dealing with my insurer.)

1.2) Second Incident: June

Just a few weeks later, the same case manager that caused the first incident, lied by stating that she had sent me a Statement, (when she had not.) While I am undecided on whether the first incident was intentional, I believe that this second incident was intentional.

As such, for the second time in a matter of weeks, I escalated to higher ups in both my workplace and in the insurers hierarchy stating how I was put in a situation to be in breach of contract. Just as I did for my earlier escalation, I used my work email in order to accomplish this.

  1. NEED ADVICE

This bring me to current times, and to the current issue. My NEW case manager, is refusing to email me!

What am I to do?
I believe that the reason of my insurer’s refusal to use email to contact me is that it is trying to avoid any future escalations, such I have done twice this year.

What are my options?
On one hand, I really do not want to correspond just by mail, since there is a huge delay built in in interacting this way, On the other hand, I do not wish to accept their forcing me to abandon using my email.

It is all the more important that they be held accountable for their future actions, GIVEN their previous actions.

Any help is appreciated.
I am experiencing difficulties in finding the right person/ firm to help me with my issues, and feel I am stuck.

Regards, Alecs

2

Hi Alecs, I don’t think it makes sense for you to contact a lawyer, because I don’t think there’s anything for a lawyer to do here. I know it’s hard to not let your mind run away with the fear that the insurer will try to cut you off after all the stories we read in the news, but I really think that that isn’t what’s going on here. What’s probably happening is that someone wasn’t filing emails where they were supposed to go so the insurer lost track of what they were supposed to do and where they were supposed to contact you. They haven’t tried to cut you off, you have been properly contacted now, you are complying with their request, so I don’t see anything that a lawyer could assist you with now that things are back on track.

I suspect they want to use only their secure mail server because then everything will be automatically attached to your file and be held in one place. If you are concerned about the cookie tracking then I would suggest using a device that you don’t surf the internet with to be your exclusive machine for sending secure mail. If that is not available, then download a completely different browser from your usual one, use its incognito or private browsing mode for the secure mail, then delete all cookies as soon as you are done. Be sure to keep a copy of all the correspondence for your own records.

If you don’t want to take that approach, then snail mail will be your only option. It’s up to you.

1 Like
3

I agree with Caro that this doesn’t appear to be a legal issue.

You have to expect that they are going to tighten things up given the complaints and allegations you have made, if your previous case manager acted as you say. I expect this new claims person is very anxious and is concerned you may say you didn’t receive emails form him/her so they are trying to protect themselves. I can only speculate but that is what appears to me.

There are no rules about how communication must happen – so you could go back to phone or letters if you don’t want to use their secure email.

I do have concerns with you disclosing so much specific information publicly like this. I would urge you to only disclose general facts because any information you post here is public and accessible by the insurance company.

David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.

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4

Thank you all for your advice.

As a result I redacted some specific bits from my post.

Alecs

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5

Hey Alecs! Well for starters determine if your Insurer is a Federally Regulated Financial Institution here http://www.osfi-bsif.gc.ca/Eng/wt-ow/Pages/wwr-er.aspx?sAll=1

Assuming the likelihood that your Insurer can be found on that link, you and them are under the PIPEDA privacy laws and Financial Institutions Act etc Also if you want to disclose your province of residence that might have some crossover privacy protections too!

Its clear that your insurer changed their own privacy policies and probably some terms or conditions in your actual insurance policy…exclusions etc. If they changed the way in which they communicate or provide or receive information from you/with you they must disclose this information in the policy plus post them publicly so they are easy to find.

Its a standard statutory condition in all insurance that the insured update the insurers of any changes especially contact information. Maybe you can suggest booking phone call email dates when you and them can expect communications?

It is your right to communicate electronically but it is also their lawful duty to protect your private information…ask them for the term conditions and a agreement you can sign to give your consent to use their preferred secure cloud email service!

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