DeBofsky, Sherman & Casciari recently won a victory in the U.S. Court of Appeals for the Seventh Circuit in a case entitled Lacko v. United of Omaha Life Ins. Co., 2019 WL 2439786 (7th Cir. June 12, 2019). The plaintiff, Shirley Lacko, stopped working as an senior auditing manager for an accounting firm when the effects of […]
Does working after suffering an injury invalidate a subsequent disability insurance claim? According to a recent U.S. District Court ruling from Florida, the answer is no. In Kaviani v. Reliance Standard Life Insurance Co., 2019 WL 1759245 (M.D. Fla., March 27, 2019), Kia Kaviani, a dentist, sustained neck injuries in a car accident in 2012. […]
Most people assume that if they become unable to perform their usual work on account of sickness or injury, that they would qualify to receive benefits under their work-sponsored long-term disability insurance coverage. That may not be the case, though. In Nichols v. Reliance Standard Life Ins. Co., 2019 WL 2223614 (5th Cir. May 23, […]
This is the first of a two-part column. The second part will be published Tuesday. What is meant by “total disability” and “residual disability” under disability insurance policies is often unclear. A recent federal court ruling from Washington state, Simmons v. Paul Revere Life Insurance Co., 2018 WL 558960 (W.D. Wash. Jan. 25, 2018), took […]
This is the second of a two-part column. The first part was published on Wednesday. In Part 1 of this column, we discussed a disability income insurance claim filed by Dr. Kevin McCann and the ruling issued by the 3rd U.S. Circuit Court of Appeals, focusing on the ERISA aspects of the case. In Part […]
This is the second of a two-part column. The first part was published Monday. The outcome of Simmons v. Paul Revere Life Insurance Co., 2018 WL 558960 (W.D. Wash., Jan. 25, 2018), discussed in Part 1 of this column on Monday is not as clear-cut as the court found. Since Dr. William Simmons, a dentist, […]