At the beginning of February, my insurance company (in order to avoid court) came to an agreement with my lawyer and I to re-instate my monthly LTD payment effective for the month of March (actually, to start it, as I hadn’t gotten it to begin with), and arrange a retroactive lump sum payment for when I should have started receiving benefits, up until the end of February.
I signed the final release forms for the retro payment last week, and my lawyer is waiting for a filed copy of the discontinuance from the courthouse to give the originals to the Defense and release the retro funds to me. Hurry up and wait, as per usual!
However, I still haven’t received my first regular monthly payment which was supposed to start this month, and there are only 2 business days left. If the insurance company doesn’t pay this, but the case is already closed, I’m not sure what I’m supposed to do. Does anyone have experience with this? I’m not going to call the insurance co directly until all the t’s are crossed and i’s are dotted from my case, but my lawyer is in court and I don’t want to bug him with what is a minor question in the grand scheme of things either.
I’ll definitely check. My only concern with that is that I haven’t spoken directly to my insurance co since I sued them, and I’m not too keen on doing so until everything is completely done. Ah paperwork, the bane of my existence.
I haven’t got my payment yet so either it wasn’t midnight or it is tomorrow (I assumed it wouldn’t be a holiday) or I was cut off (I am still within the first 2 years so I doubt that).
I wouldn’t contact your insurance company directly and the lawyer will take time so my advice is to just wait.
I’m sure you’ll get it if that’s what they agreed to.
I have lots of experience with this. The insurance usually won’t restart the monthly payments until they have received the signed Release Form and possibly not until the Court issues the Notice of Discontinuance and your lawyer has provided both to the insurance company. In Ontario the courts can be slow to process the notice of discontinuance and it’s not easy to get updates from them. I know this from personal experience.
David Brannen
Disability Lawyer with Resolute Legal
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Thank you, that makes sense. The notice of discontinuance was expected to take awhile - I think they were surprised that it came back as soon as it did!
Maybe we have the same insurer. 