Long Term Disability Subrogation FAQ's
What is subrogation?
Subrogation is the right of the LTD Plan to recover the LTD benefits paid or payable to you from the proceeds of your claim against the person who caused your disability through their negligence (and his/her insurer).
Do I have to tell you if I intend to make a claim against
someone because of my disability?
Yes, because: - telling the LTD Plan of your intention to pursue your claim is part of your duty to fully co-operate with the LTD Plan.
- the LTD Plan will not be able to consent to a settlement (which is necessary to make it binding) if it is not aware of the claim.
- and, this allows the LTD Plan to exercise its subrogation rights.
Who do I inform of my legal action?
Please contact the LTD Plan office directly.
Will the Fund take over my legal action?
Generally, the LTD Plan will allow you to control your own legal action as long as:
- You obtain the LTD Plan's consent before proposing, or agreeing to, any settlement.
- You do not accept any money before you and the LTD Plan reach agreement about the money to be reimbursed, or you set aside sufficient funds to reimburse the LTD Plan when agreement is reached, with the remaining money going to you.
- The third party and its insurer are advised, and acknowledge, that the LTD Plan's consent to any settlement of your claim is required in order for the settlement to be binding, and that any payment of the claim, whether by settlement or by order of the court, is to be made jointly to you and the LTD Plan, or to your lawyer in trust for you and the LTD Plan.
What if I wish to pursue my legal action without the involvement of the LTD Plan?
If you wish to pursue legal action without input from the LTD Plan, you can do so, but you will not be eligible to receive LTD benefits under the provision of non-cooperation.
Who do I call if I have additional questions about the subrogation provision?
Please contact the LTD Plan office directly.
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