Generally speaking, claim liability, whether through an employment group policy or an individual policy, mandates that a claimant suffer a total disability. Contrary to what most HR departments often think, total disability in the context of disability insurance does not mean that an employee must be completely helpless and incapable of any activity. Rather, total disability has been established by our Courts to mean that an insured is incapable of engaging in all or at least some of the important duties of his or her job.
Most long-term disability insurance policies issued through work provide two definitions of “total disability”. Within the first two years of benefit payments, total disability is established when an employee is incapable of doing the important duties of his or her job, even though that employee could perform another occupation.
After 24 months of disability, there is typically what you call a “change in … Continue reading “A primer total disability and psychiatric conditions”
Contracts for the purchase and sale of real property and other commercial contracts often contain a clause that says “time is of the essence” in respect of certain or all contractual obligations (a “Timing Clause”). Many parties sign contracts without given due consideration to the full impact of a Timing Clause or otherwise hold the belief that a Timing Clause is merely part of a standard form contract and would not be strictly applied.