Although this California non-ERISA disability policy litigation was not handled by our disability insurance lawyers, it is relevant to contract law for those who are employed by a state or federal government and have long term disability policies not covered by ERISA.

California insurance law, not ERISA, applies to a lawsuit against a disability insurer

In Okuno v. Reliance Standard Life Insurance Company, the plaintiff was diagnosed with Crohn’s disease, Sjogren’s syndrome and possibly narcolepsy. Her claim for long-term disability was denied when Reliance determined she could perform the duties of her own occupation. She exhausted her administrative remedies and filed this lawsuit under the provisions of ERISA. In court, she claimed Reliance erred in determining she was not disabled from her own occupation instead of analyzing whether she was disabled from any occupation. The district court disagreed with the plaintiff holding that when Reliance determined she could perform her own occupation it “of course recognized that she could perform a job fitting within the plan definition of ‘any occupation.’”
Continue Reading If Claimant Can Work in Own Occupation She Can Work in Any Occupation