Hartford Insurance Company Found To Have Abused Its Discretion In Termination of Long Term Disability Benefits
Ms. Mennucci underwent spinal fusion surgery for cervical neck pain that radiated into her right arm. Hartford initially paid short term and long term disability benefits to Mennucci. However, when she failed to fully recover from her surgery and complained of continuing neck pain radiating into her right shoulder Hartford Insurance terminated her benefits based on a medical record review by Dr. Richard Kaplan.
Life Insurance Company of North America (LINA) Required To Cover Accidental Death of Intoxicated Driver in California
Courts across the country have struggled with whether an accidental death insurance policy covers the death of a drunk driver. Some courts have ruled that intoxicated drivers knowingly increase the risk of being involved in a fatal accident to the point that their death becomes foreseeable and thus, not accidental. Other courts disagree, citing the fact that there is less than a 1% chance of an intoxicated driver being involved in a fatal accident. […]
Metropolitan Life Insurance Company Taken To Task For Ignoring Subjective Evidence of Pain
Ms. Holmstrom suffered from a painful nerve condition in her right arm which did not resolve even after three surgeries. She was left with an incurable diagnosis of complex regional pain syndrome (CRPS). MetLife paid benefits until the definition of disability changed from an inability to perform the material duties of one’s own occupation to that of any occupation. MetLife cited the lack of any objective evidence to support Ms. Holmstrom’s diagnosis of CRPS. […]
My Disability Erisa Claim Has Been Denied – What Are My Next Steps?
You receive a letter from your insurance company advising you that your disability claim is denied or terminated. After the initial shock wears off, here are the steps you should take to obtain your disability benefits. Step 1 – Do not request an appeal before you collect all necessary paperwork for your claim. All too often, one’s first reaction is to write their insurance provider telling them they have made a mistake and asking them to reconsider your claim. While you will eventually speak to your insurance provider about your claim denial, you must first take these additional steps. [...]
Serious Injury Claim: Mortuary Negligence
Our client was 4-1/2 months into her first pregnancy when she was admitted to the hospital in labor and her first child was stillborn.
Accidental Death Claim: Drug Overdose Death
Our client’s son died as a result of an accidental drug overdose. The father was the beneficiary on the accidental death insurance policy. Insurance company refused to pay the benefits claiming that the death was not “accidental.” The question came down to whether it was reasonably foreseeable that one would die as a result of taking illegal drugs (in this case heroin). […]
My Space, Facebook Could Damage Disability Case
Facebook, Twitter, My Space, etc. (collectively referred to as social media sites) are popular with people of all age groups. Long term disability insurance companies and their attorneys use these sites also, to get information about YOU. There may be valuable information about you on these sites that could severely damage your long term disability claim. […]
Lump Sum In Lieu of Future Disability Payments?
Frequently an insurance company that has been paying monthly disability payments to you will offer to cash you out. What this means is that in lieu of the future monthly disability benefit payments they will offer to fully discharge the future obligations by paying you a lump sum of money. You will receive a letter from them outlining what will be paid and how the amount will be calculated. Before agreeing to settle on this amount, several factors need to be assessed such as the present value of your claim; your statistical life expectancy; and the anticipated future interest rates. [...]
Death Caused by Accidental Overdose of Prescription Drug is Covered Under an Accidental Death Policy
Accidental death policies, by definition, provide benefits when the insured dies as the result of an accident. However, not all accidents are covered since most policies have exclusions limiting the type of accidents that will be covered. State Insurance Codes have placed limitations on what exclusions an insurance company can place in such policies. […]
Hartford Insurance Company’s Secret Recipe For Denial of Your Long Term Disability Claim
If you are receiving benefits under a Hartford disability policy then you should be aware of its recipe for denial. I have seen a consistent pattern of termination of benefits by Hartford. The strategy is to set a trap for the beneficiary that can be avoided if you are aware of the following. […]