Topic: Long Term Care: Ethical & Legal Concerns for 2016 and Beyond
Speakers: Glenn R. Kantor, Attorney, Kantor & Kantor LLP
As long-term care insurance rates catapult and policy benefits plunge, many aging Americans who thought they had good coverage are discovering just the opposite.
After paying premiums for 15 or 20 years, many consumers are discovering their policy does not provide the type of benefits they expected. By that time, they cannot change their coverage due to old age or ill health, or the insurer’s bureaucracy makes it difficult for them to pursue claims.
In addition, family members shoulder much of the burden, one that involves piles of paperwork and repeated phone calls, as they are forced to navigate a labyrinth of requirements to collect benefits that the insured spent many years paying.
In contested long term care insurance claims, two themes often emerge: the insurer has changed the manner in which it interprets policies so as to deny benefits, or the policy the insured purchased is inadequate in today’s market. The disputes rarely involve whether the insured is entitled to the care. Most litigation centers around contract interpretation issues in ambiguous policies which must be resolved in favor of the insured.
Glenn R. Kantor, founding partner of Kantor & Kantor in Northridge, CA, oversees one of the largest ERISA law firms in the country. The firm focuses primarily on helping employees obtain wrongfully denied insurance benefits for disability, health, long-term care and life insurance policies under the Employees Retirement Income Security Act, but also works with people denied benefits under individual policies.
For more than 20 years, Kantor has represented people with disabilities such as multiple sclerosis, lupus, Crohn’s Disease, Fibromyalgia, Epstein Bar, HIV/AIDS, Parkinson’s Disease, Alzheimer’s, cancer, spine and back injuries, cardiac disease, depression, drug and alcohol addiction and a host of other conditions against insurance companies who have wrongfully denied health, disability or long-term care benefits. He has also helped family members obtain wrongfully withheld life insurance benefits in situations regarding DUI deaths, domestic partnerships, failure to disclose, and improper enrollment, among other issues.
In 2011, Kantor worked with California Insurance Commissioner Dave Jones to help pass Insurance Code section 10110.6, a law that bans “discretionary clauses” in insurance contracts and prevents disability insurance companies from inserting language into polices that gives them discretion to deny claims.