Ms. Kathleen M. Hackett brought suit in the U.S. District Court of South Dakota’s Western Division against Standard Insurance Company (Standard), alleging that Standard had wrongfully denied her long-term disability benefits claim. In the first round, in 2007, both parties moved for summary judgment. The District Court granted summary judgment to Standard on August 15
Gregory Dell
United States Senate Finance Committee to investigate long-term disability insurance claims
Disability Insurance Attorneys Dell & Schaefer are excited to report that Senate Finance Committee Chairman Max Baucus (D-Mont.) will convene a hearing on Tuesday to examine the difficulties workers face in securing benefits they are entitled to from private long-term disability insurance plans. The hearing, entitled “Do Private Long-Term Disability Policies Provide the Protection They…
Winning long term disability insurance claim is no guarantee of attorney fees
After successfully winning her claim against Liberty Life Assurance Company of Boston (Liberty Life) at both district and appeals court levels, Theresa Willcox’s disability attorney sought compensation for the attorney’s fees charged Willcox to bring her claim before the Courts. When the District Court denied the application, Willcox’s disability attorney appealed the decision.
The primary…
Liberty Mutual denial of disability insurance benefits to insurance agent is reversed by Minnesota Federal Court
Willcox v Liberty Life Assurance Company of Boston (Liberty) is an interesting disability insurance case. Theresa Willcox originally brought her disability claim before the U.S. District Court in Minnesota. When Liberty Life determined that she did not qualify to have her short-term disability benefits extended into long-term disability benefits, she made the usual appeals to…
Disability insurance Attorneys Dell & Schaefer hope Governor Schwarzenegger will sign bill banning discretionary clauses in long term disability policies
California Governor Arnold Schwarzenegger has the opportunity to sign California Assembly Bill 1868 (“AB 1868″) and put an end to unreasonable discretionary clauses contained in ERISA governed long term disability policies. Discretionary clauses provides authority to the insurer to determine eligibility for benefits or coverage, interpret the terms of the policy, or interpret the terms…
Beware of unreasonable Prudential Disability Insurance lump sum buyout offer
Our law firm was recently contacted by an individual that was receiving long term disability income payments from Prudential. This disability claimant has been on long term disability for approximately 12 months. His disability is the result of a disabling knee condition. His Prudential long term disability policy defines "disability" for the first 24 months…
Prudential has strategies to reduce Long Term Disability claim payments
The Prudential Insurance Company of America (PRU), one of the world’s largest long term disability insurance companies, recently issued a press release regarding their return to work strategies. In my opinion, when Prudential or any long term disability insurance company discuss “return to work strategy”, this is tantamount to saying how quick can we stop…
Lloyd’s of London ordered to pay over 6 million dollars to long term disability claimant
Certain Underwriters at Lloyd’s London insurance company took almost two years to make a decision regarding a doctor’s disability application for benefits. When he sued, the Court stayed the suit until an arbitration panel could review his claim. This article discusses the how the final disability benefit award was finally settled.
Most people don’t think…
Hartford scrutinizes long term disability benefit claim after 13 years of continuous disability payments
There seems to be a trend recently in which the Hartford disability insurance company is closely scrutinizing long term disability claims regardless of how long a claimant has been on claim. In the past 7 days I have been contacted by two separate claimants that have been on claim with Hartford for over 20 years…
Liberty Mutual is sued for denial of long term disability benefits to woman suffering with fibromyalgia
Disability Insurance Attorneys Gregory Michael Dell and Rachel Alters of Dell and Schaefer have filed a lawsuit in the United States District Court for the Southern District of Florida against Liberty Life Assurance Company of Boston "Liberty Mutual" for failure to pay long-term disability benefits owed to a disability claimant in violation of The Employee…
