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Tag Archives: insured

If You Must Miss Work Two Days a Month Due to a Disabling Condition, Are You Precluded from Working in Any Occupation Under a LTD Policy?

Posted in: Disability Insurance, ERISA, Insurance Litigation Blog, Policy Interpretation December 19, 2018

Facing a long-term disability (“LTD”) claim, ERISA plan participants under LTD policies can count on the fact that insurance companies will search for ways to escape payment of the monthly LTD benefits they promised their insureds.  These insurers often point …

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Attending Physician’s Certifications of Disability: How Important Are They for Disability Insurance Claims Under ERISA?

Posted in: Disability Insurance, ERISA, Insurance Litigation Blog, Social Security Administration September 14, 2018

Many employees are covered by group short-term disability insurance and/or group long-term disability insurance.  These plans provide benefits to employees who cannot return to work because of illness or injuries that prevent them from performing their work activities.  The Employee …

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“Sole Cause” Provisions in Accidental Death and Dismemberment Policies: Are ERISA Claimants Getting a Fair Shake?

Posted in: Accidental Death or Dismemberment, ERISA, Insurance Litigation Blog, Policy Interpretation August 22, 2018

According to the Centers for Disease Control, unintentional injury is the leading cause of death among people ages 1 to 44.  For this reason, Accidental Death and Dismemberment (“AD&D”) Insurance should be an essential component of insurance coverage for most …

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Where Did My Long-Term Disability Benefits Go? Termination of Benefits Without Improvement of Insured’s Medical Condition

Posted in: Accidental Death or Dismemberment, Disability Insurance, ERISA, Insurance Litigation Blog August 15, 2018

Many people purchase accidental death and dismemberment insurance or disability insurance to protect themselves should they ever become injured and unable to work.  If they become injured, they file a claim with their insurance company, and, after a potentially lengthy …

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The Latest Frontier for Forum Selection Clauses: ERISA Policies

Posted in: Accidental Death or Dismemberment, ERISA, Health Insurance, Insurance Litigation Blog, Life Insurance July 26, 2018

Letters denying an insured’s claim often end by listing what steps an insured can take to challenge an unfavorable determination.  Assuming all administrative appeals have been exhausted, this generally involves filing a lawsuit. Depending on the language in the underlying

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Agents, Brokers and Rescission of Insurance Policies

Posted in: Accidental Death or Dismemberment, Agent/Broker, Disability Insurance News, Insurance Bad Faith, Insurance Litigation Blog, Life Insurance, Long Term Care Insurance April 09, 2018

Generally, an insurer need not investigate statements made in an application for insurance, subject to certain exceptions. Instead, the potential policyholder or applicant must fully disclose all known material information. If a potential insured does not correctly disclose information on …

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Insurers May Intervene and Assert the Same Rights as Their Insured's to Contest Both Liability and Damages

Posted in: Case Updates, Commercial General Liability Insurance, Duty to Defend, Property & Casualty Insurance October 14, 2011

Under certain circumstances, an insurer has the right to intervene in a case against its insured to protect its own rights and to avoid harm to the insurer.  These circumstances usually involve cases where an insured is either prevented from …

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