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How Insurance Companies Use Surveillance In Long-Term Disability Cases?

Surveillance can be very important for an insurance company for two reasons.

It may satisfy them that this person is truly disabled and is having considerable problems. On the other hand, surveillance may also give them evidence that the claim is fraudulent. They may film the claimant at work when the claimant says he is unable to earn an income. They also look for claimants doing something that they claim they are unable to do such as carrying heavy objects or mowing their lawn or driving a car.

Generally speaking, the evidence provided by surveillance is not that significant unless it goes really to the heart of what’s being claimed and that would obviously be the situation of somebody working when they say they can’t. I always tell my clients that they may be under surveillance and they should be aware of that. It is a common tool that insurance companies use and they use it very effectively. However, it can work in the claimant’s interest and satisfy the insurer that this person is not working and that this person is facing significant challenges in terms of their everyday function.

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If you, or someone you care about, is dealing with Personal injury law issues in the Toronto, Ontario Region, contact Tkatch & Associates


This article is taken from a March 25, 2009 interview with Murray Tkatch, LL.B., Personal Injury Lawyer with Toronto Personal Injury Lawyer in Toronto, a Personal Injury Law Firm.

Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.


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