Question

Why isn’t there a class action lawsuit against Hartford? Also, if you are denied short term disability and more evidence comes up, that supports original claim, can you submit it?

Asked on September 27th 2011 by Anna
A lot of people I talk with in my support group ask: Why isn’t there a class action lawsuit against Hartford? (I am with Hartford). We realize we have different terms in our policy and are owed different amounts. It would be nice to send a message – maybe fight where they cant sell policies in FL. Also, if you are denied short term disability and more evidence comes up, that supports original claim, can you submit it? I am not under ERISA.

Answer

Answered on September 27th 2011 by Attorney Rachel Alters

Anna, You ask a great question about class action lawsuits and you basically answer it at the same time. Federal Class Actions have very strict laws and it is difficult to get a class certified. In order to bring a class action, all of the class claimants must be similarly situated. With disability claims, most claimants have different language in each of their policies. If everyone in the class has the same disability policy, then it is much easier to bring a class action. Alternatively, if Hartford has an illegal claims handling practice that affects everyone the same, then a class action may be able to be filed. We have filed a class action against Prudential Insurance Company based upon a method of operation that affected all policy holders the same. In you second question you asked if you can continue to send new medical information to Hartford. As long as you have not exhausted all of your appeals, Hartford is required to review any new information that is sent to them.