We want you to be aware of a court decision applicable to all insurance companies who have issued and delivered group disability insurance policies in New York. If you had disability insurance from Union Security Life Insurance Company of New York (formerly known as First Fortis Life Insurance Company), this ruling may affect you.
In a recent case1, the New York Court of Appeals ruled that disability insurance policies issued and delivered in New York cannot permanently prevent a person from receiving disability insurance benefits because that person’s disability was caused by a pre-existing condition. Instead, the Court ruled that when a disability is caused by a pre-existing condition, a person seeking disability insurance benefits would need to wait until 12 months have passed since the initial effective date of that person’s insurance coverage. After that 12-month period, benefits may be paid if the person remains disabled and meets all other terms and conditions of the policy.
This ruling may affect your right to disability benefits if:
(1) you were covered under a disability policy issued by Union Security Life Insurance Company of New York (formerly known as First Fortis Life Insurance Company); and
(2) your disability claim was denied between June 28, 2001 and June 27, 2007 because your disability was caused by a pre-existing condition.
We are undertaking a re-examination of claims that may be affected by this decision. As part of that undertaking, w e are trying to contact all of our insureds who meet the requirements listed above and advise them of their right to request that we reopen their claims to determine if additional benefits are payable.
If you believe your disability claim meets the requirements listed above and you have not been contacted by us, please call toll free at 888.901.6377, ext. 2462 or write to Union Security Life Insurance Company of New York, Attn: PreEx Review, PO Box 419244, Kansas City, MO 64141-6244. We will then notify you of the information needed in order for us to reopen and review your claim.
1 Benesowitz v. Metropolitan Life Insurance Company, 8 N.Y.3d 661, 870 N.E.2d 1136, 839 N.Y.S.2d 706 (2007).