Tag Archives: insurance law

Once ERISA, Always ERISA: How and why to avoid having your disability insurance policy controlled by The Employee Retirement Income Security Act of 1974

Disability insurance carriers have increasingly used The Employee Retirement Income Security Act of 1974 (ERISA) to their advantage.  While ERISA was supposed to be for the protection of employees, it is actually being used to protect insurance companies and employers. … Continue reading

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Arizona Disability Insurance Bad Faith and Delegation of Administrative Duties

Under the law in Arizona, the relationship between insurer and insured is a special relationship, giving rise to duties not usually found in other contractual agreements. Rawlings v. Apodaca, 151 Ariz. 149, 163, 726 P.2d 565, 579 (1986); Dodge v. Fidelity … Continue reading

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DISABILITY INSURANCE AND THE PHYSICIAN: CAN YOU COLLECT ON YOUR POLICY?

You have worked as a physician for your entire career.  Your spouse and children rely on you, and you have numerous financial obligations both at home and at the office.  The stress and trauma of a disability can cause you … Continue reading

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Which Type of Disability Insurance Policy Do You Own?

Disability insurance policies come in several types. The type of policy you purchase affects your legal rights and the benefits you may receive. Here is an overview of the basic types of disability insurance policies. Individual Disability Insurance: As the … Continue reading

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Disability Claims in Today’s Economy

In this economy, filing a disability insurance claim can be daunting. Insurers have a strong incentive to deny payment of “high-end” claims (such as those filed by medical professionals) in order to protect their bottom line. A few tips can … Continue reading

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Comitz | Beethe: Solid Record With All Major Disability Insurance Carriers

Phoenix-based Comitz | Beethe and its attorneys have resolved cases in Arizona and nationally with all of the leading disability insurance companies and third-party administrators  in the country, including, among many others: Berkshire, Boston Mutual, CIGNA, Disability Management Services (“DMS”), Disability Reinsurance … Continue reading

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What is the difference between an “own-occupation” disability insurance policy and an “any-occupation” policy?

The language in disability policies varies greatly from company to company, and each policy must be reviewed separately to determine the insured’s rights under the policy. Generally speaking, though, an “own-occupation” policy will define “total disability” as a condition that … Continue reading

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Disability Claims and Social Media: Be Careful What You Post On Facebook

The Los Angeles Times reports today about an old tactic, in a new form, that insurers use to support their efforts to deny or terminate disability insurance claims.  Insurers frequently use surveillance as a tool in their strategy to deny … Continue reading

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Texas Forbids Discretionary Clauses in Insurers’ Policies

The Texas Department of Insurance has promulgated new regulations prohibiting discretionary clauses in health, life, and disability insurance polices in Texas. Discretionary clauses give insurers sole discretion in deciding whether to approve or deny benefits, and affects the standard that … Continue reading

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Facebook Photos Result in Termination of Disability Benefits

The CBC has reported that Nathalie Blanchard, who was on long-term disability leave from her job at IBM due to depression, had her monthly benefits terminated after she posted photographs of herself on Facebook that depicted her vacationing, having fun at … Continue reading

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