If you file a claim with your long term disability insurance company, you should always assume that some form of surveillance will be conducted by the insurance company. An investigator for the insurance company might monitor your social media posts, attempt to engage you in a conversation on Facebook, or conduct surveillance of your daily activities.
Can a disability insurance company conduct video surveillance at any time or place?
While you are protected from the intrusion of an insurance investigator sneaking into your home with a video camera, the insurance company essentially has free reign if you are out in public. This means that the insurer can video you shopping, dining out, visiting the gym, attending class, and engaging in similar activities. The insurance company might also take video footage of you in your own business, but you might have privacy protections against this type of conduct depending on the specifics of the circumstances.
Are insurance companies allowed to conduct video surveillance in secret?
Insurers can and usually will discretely engage in such surveillance so that you are unaware that you are being captured on video. If you are on public streets, businesses open to the general public, or even the front yard of your home which is visible from the street, the insurance company usually can place you under video surveillance.
What types of activities do the investigators attempt to capture on film?
While there is no specific conduct the investigator is trying to record, the basic objective is to capture images of the insured engaging in conduct that is inconsistent with his or her disability or that otherwise contradicts information or statements provided by the insured. Insurers have used video of policyholders engaging in such diverse physical activities as dancing, exercising, or engaging in routine gardening.
Who are the individuals that conduct this video surveillance?
Generally, the insurance company does not use its employees to conduct video surveillance. The insurance carrier will contract with an outside company that specializes in conducting video surveillance for long term disability insurance claims.
Are posts on "private" pages of social media platforms secure from discovery?
Many people presume that disclosures, photos, and video clips in areas on social media pages that are designated as “private” are free from snooping eyes. The reality is that posting in so-called “private” areas provides essentially no real protection from insurance companies. During litigation of insurance claims disputes, judges are increasingly granting insurance carriers access to the login information and passwords of so-called “private areas” on social media pages.
Insurance investigators might even attempt to conduct conversations with you via instant messaging while pretending to be someone else. The best advice is to avoid all social media activity while your long term disability insurance claim is pending.
You can reach Miami Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected].