If you are considering suing an insurance company regarding Long Term Disability benefits, it is important to note that you usually only have two years from the initial denial of your claim to do so. If you decide to pursue an internal appeal first, this may not provide you with additional time to file a lawsuit.
Suing an insurance company generally begins by filing a statement of claim. Once the statement of claim is filed, the insurance company will file a statement of defence, and the parties will then exchange documents and information. In Ontario, the parties will proceed to mandatory meditation to encourage settlement of the dispute before going to trial. Most cases will settle at this stage of the process.