Mark Humphreys law offices announce a recent settlement in two ERISA (Employee Retirement Income Security Act) cases in favor of clients. The laws of ERISA are governed by Federal Law rather than State Insurance Law. The laws are drastically in favor of the insurers. One case involved a claim for…
Here is a rare win in an ERISA case. Unfortunately the win is the the 7th Circuit Court of Appeals rather than the 5th Circuit which controls most ERISA plans for readers of this blog. The ERISA case is styled, Susan Hennen v. Metropolitan Life Insurance Company. The case does…
For lawyers who handle claims related to the denial of disability policies, there is some law that they have to know to effectively represent their clients. Probably 90 percent of disability policies involve payments spread out over a period of time. When a claim for disability benefits is denied it…
Insurance lawyers who handle disability cases need to know these coverage issues. Disability policies normally require that any claimed disability occur while the policy is in effect or within a specified time after any claimed accident or injury. As an example, the policy may provide coverage for an illness or…
According to the 28 Texas Administrative Code, Section 3.3012(b), in a definition of “total disability” in an individual accident and sickness policy or hospital, medical, and dental service corporation subscriber contract, the inability to perform duties may not be based solely on an individual’s inability to perform “any occupational duty,”…
Here are a few examples of cases that have been litigated regarding disability policies and how the courts look at these cases. In a 2003, Texas Supreme Court opinion, Provident Life and Ac. Ins. Co. v. Knott, the Court read the policies in question defining the term “total disability” to…
Insurance lawyers who handle disability income policies will see two types of policies. One is the policy purchased through employment of provided by the employer. The other type is the type purchased independent of employment, usually through an independent agent or in response to advertisements. Those purchased through employment by…
Disability claims filed under an ERISA plan are different than disability claims that are not governed by ERISA. The United State District Court, Northern District, Dallas Division, issued an opinion in 2018, that discusses these types of cases. The case is styled, Aaron Rome v. HCC Life Insurance Company. This…
The language in a disability policy is important to read and understand. The Courts will do so very closely. This is illustrated in a 2017, opinion from the U.S. 5th Circuit. It is styled, David M. Cox v. Provident Life & Accident Insurance Company. It is a summary judgement case…
Weatherford insurance lawyers who handle insurance related matters need to understand that an anticipatory breach of the insurance contract has remedies under the law. This is best illustrated in disability policies where the insurance company is obligated to make monthly payments to the insured. According to the 1937, Texas Supreme…