The last few threads on this forum have made me seriously think about retaining counsel even though I’m still presently under own occ.
As I understand it, the LTD contract is between the claimant and the insurer and I have obligations of my own to fulfill. However, post representation, counsel is authorized to represent & speak on my behalf and we all know that insurers will often reach out to the claimant directly even though they are represented.
Now - my question is this. If counsel is responsive to the insurer and the insurer continues to ignore counsel, and if the insurer denies the claim and the matter is litigated - I’m 99% sure Courts will side with counsel’s potential claim of breach of contract and bad faith.
I argue this because it’s not like the claimant is not responsive - they are merely communicating through counsel and counsel is actively engaged though the insurer may simply argue the claimant (him or herself) is unresponsive.
Thoughts?