One of the hottest current topics in Employee Retirement Income Security Act litigation concerns medical insurance coverage for residential treatment of behavioral health disorders. A recent Utah federal court ruling, Michael D. and Madeline D. v. Anthem Health Plans of Kentucky Inc., 2019 WL 586673 (D. Utah, Feb. 13, 2019), is a prime example. The […]
Although the Affordable Care Act prohibits health insurance denials on account of pre-existing conditions, the ACA is inapplicable to disability insurance. A recent federal court case from Massachusetts, Holzman v. Hartford Life & Accident Insurance Co., 2019 WL 181527 (D. Mass., Jan. 14, 2019), examined whether a claim for disability benefits fell within a pre-existing condition exclusion and reached a surprising conclusion.
After you experience an injury or sickness that affects your ability to work, obtaining disability benefits can be as difficult as trying to recover physically. Even if you have purchased disability insurance or have long-term disability insurance (LTD) coverage through your employer, you may not fully understand how to tap into those benefits when the […]
A decision by the U.S. District Court for the Southern District of Ohio upholds an attorney’s claim for disability benefits based on chronic pain.
Surveillance may sometimes be a useful tool in detecting potential insurance fraud. In a recent California case, however, video surveillance obtained by a disability insurer was insufficient to convince a judge that it correctly decided to terminate an insured’s benefit payments. The case of Fleming v. Unum Life Insurance Company of America, 2018 WL 6133859 […]