Obtaining a Copy of Your LTD Policy FAQ

Whether your long-term disability (LTD) benefits are obtained through your employer, or if you obtained your policy privately, you have are entitled to see your LTD insurance policy. As a claimant, you have a relationship with your insurance company, and that relationship is governed by your LTD policy.

When your adjuster makes a request, or dictates the situation, you have a right to say “where in the policy does it say that?” If you don’t have a copy of the policy, you won’t know what is in that contract.  It’s important to be aware of what the insurance company’s rights and obligations are, and what your rights and obligations are. And the only way you can determine that is by looking at your LTD policy.

The disability lawyers for Canada at Samfiru Tumarkin LLP have created the FAQ below to answer commons questions about LTD policies.

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What is an LTD policy?

An LTD policy is the contract between you and/or your employer (with you as beneficiary/insured of the policy), and the insurance company. It is the document that outlines all of the rights and obligations that you have, and that the insurance company has, with respect to your long-term disability coverage.

Many individuals have LTD coverage as part of their extended health benefits package through work. Make sure to ask your employer for a list of your benefits and copies of any applicable policies, especially with regards to your STD/LTD coverage.

Do you have a right to get a copy of your LTD policy?

Yes, absolutely!

Insurers are required to furnish an insured with copies of the relevant insurance policies by law.

This requirement is imposed by the relevant insurance legislation in each of the provinces we operate in: Ontario, British Columbia, and Alberta.

Below are the actual laws and regulations that give you the right to ask for a copy of your insurance policy. The underlined and blue references to legislation are hyperlinked and will take you to the actual websites where you can find the source of this information.

WATCH: Disability lawyer Sivan Tumarkin discuss the top 3 things that will reduce anxiety when dealing with your LTD insurer on a Season 3 episode of the Disability Law Show.

How can you request a copy of your LTD policy?

If you have LTD coverage as part of your group insurance through work, ask your HR department or your insurer directly for a copy of the LTD policy applicable to you.

If you purchased LTD coverage privately, ask your insurer (or broker if you purchased the policy through a broker) for a copy of your LTD policy.

SEE ALSO
• What is an LTD appeal?
• Dealing with Difficult Adjusters FAQ
• Independent Medical Examinations (IME) FAQ

LTD Policies in Ontario

Ontario

Insurance Act, R.S.O 1990, c. I.8

293 (1) An insurer entering into a contract shall,

(a) issue a policy; and

(b) furnish to the insured the policy and a copy of the insured’s application. 2012, c. 8,

Sched. 23, s. 36.

(5) In the case of a contract of group insurance, an insurer,

(a) on request, shall furnish to a group person insured or claimant under the contract a copy of,

(i) the group person insured’s application, and

(ii) any written statement or other record, not otherwise part of the application, provided to the insurer as evidence of the insurability of the group person insured under the contract;

(b) on request and reasonable notice, shall permit a group person insured or claimant under the contract to examine, and shall furnish to that person, a copy of the policy of group insurance. 2012, c. 8, Sched. 23, s. 36.

LTD Policies in BC

British Columbia

Insurance Act, RSBC 2012, c. 1

26 (1) On request, the insurer must furnish to the insured a copy of

(a) the insured’s application or proposal for insurance, and

(b) the insured’s policy.

96 (1) An insurer entering into a contract must

(a) issue a policy, and

(b) furnish to the insured the policy and a copy of the insured’s application.

LTD Policies in Alberta

Alberta

Insurance Act, RSA 2000, c I-3

531 (1) An insurer must on request furnish to the insured a copy of

(a) the insured’s application or proposal for insurance, and

(b) the insured’s policy.

699 (1) An insurer entering into a contract must

(a) issue a policy, and

(b) furnish to the insured the policy and a copy of the insured’s application.

If you have questions about LTD policy provisions, contact us for a free consultation.

What can you do if your insurer does not provide you with a copy of your LTD policy?

Advise them of your legal entitlement to a copy of your LTD policy, as per the legislation above, and if they refuse to provide it to you, make a formal complaint to your insurance company’s ombudsperson.

Questions? Concerns? Contact Us!

If you are experiencing an issue anywhere in Canada (excluding Quebec) with your long-term disability claim, your employer or the insurance company, we’re here to help. Call our team at 1-855-821-5900, email Help@DisabilityRights.ca, or contact us online for a FREE consultation.

You can also post your specific question about your long-term disability claim online for a quick answer by a disability lawyer at Samfiru Tumarkin LLP, at MyDisabilityQuestions.com.

As Canada’s most positively reviewed disability law firm, we have the experience, tenacity and determination required to provide you with the advice you need, and the compensation you deserve.