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IMPORTANT NOTICE FOR EMPLOYEES COVERED BY LONG TERM DISABILITY INSURANCE IN NEW YORK Court of Appeals' Benesowitz Decision
New York Insurance Law Section 3234(a)(2) states, "No pre-existing condition provision shall exclude coverage for a period in excess of twelve months following the effective date of coverage for the covered person."
On June 27, 2007, the Court of Appeals construed the statute to establish a waiting period, rather than a total bar, for coverage of disabilities due to a pre-existing condition that begins within 12 months of an insured's effective date of coverage.
If you were disabled from performing the main duties of your occupation with a New York employer on or after June 27, 2005, and your long term disability claim was denied due to a pre-existing condition, and your disability extended more than 12 months beyond your effective date of coverage, then you may be affected by the Court of Appeals ruling.
CUNA Mutual Insurance Society has re-examined all claim denials, made on and after June 27, 2005, for disability benefits based upon pre-existing conditions. We will contact affected insureds.
Affected insureds may contact CUNA Mutual Insurance Society by telephone at (800) 356-2644, or in writing at 5910 Mineral Point Road, Madison, WI 53705, about re-examining a disability claim previously denied based on prior interpretation of New York Insurance Law Section 3234 that the Court of Appeals has now rejected.
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