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Accidental Death Insurance Claims
Disability Insurance Claims
Life Insurance Claims

Post-Chemo Disability

When a diagnosis of cancer is followed with treatments that include chemotherapy, patients often experience lingering symptoms of fatigue, muscle weakness, brain fog (often called chemo brain), decreased ability to concentrate, and peripheral neuropathy. In some people, these symptoms can last well past the remission of cancer.   This is precisely what happened to a client of Stennett & Casino who had a disability policy through her employer with United of Omaha. Omaha provided disability benefits while she was going through treatment. But those benefits were terminated by Omaha after she went into remission.   Though her cancer was in [...]

By |August 1st, 2022|Categories: Disability Insurance Claims|0 Comments

Insurer Rescinds Policy for Failure to Disclose High Blood Pressure

Our client’s husband died unexpectedly at age 48 following a massive heart attack.  Fortunately, he had a life insurance policy. Unfortunately, the insurance company denied her claim for benefits. The denial was based on the fact that her husband had not disclosed his history of high blood pressure to the insurance company when he first applied for the coverage. Insurers may rescind a life insurance policy within 2 years of its issuance if it discovers the applicant made a misrepresentation that the insurer reasonably relied upon in issuing the life policy. The key is whether the misrepresentation (whether innocent or [...]

By |June 13th, 2022|Categories: Success Stories|0 Comments

Death from Drug Overdose of Fentanyl Was an Accident – Not Suicide

Client’s husband died from an overdose of a combination of prescribed drugs, including Oxycodone and Fentanyl. Decedent had suffered from a very painful condition that required long-term use of the prescribed narcotics. Over the last year before his death, he had been unable to work but had hidden that from his wife by pretending to go to work each day.  He had been depressed and was in severe financial debt at the time of his death. In order to avoid liability under an accidental death policy, MetLife claimed that the death was not “accidental”, but rather the result of suicide.  [...]

By |May 27th, 2021|Categories: Legal Updates, Success Stories|0 Comments

District Court Finds That A Formal Functional Capacity Evaluation is Compelling Evidence of Disability

Stennett & Casino filed a complaint in San Diego Federal District Court against United of Omaha Life Ins. Co. for terminating its client's long-term disability (LTD) benefits. United of Omaha initially paid LTD benefits due to disability related to the client's low back pain following two surgeries. Omaha, however terminated benefits after one year concluding that the surgeries had resolved client's low back problems. Stennett & Casino had their client undergo functional capacity testing and submitted the findings of that testing to Omaha during the administrative appeal process. The Functional Capacity Evaluation (FCE) found that the client had a maximum sitting [...]

By |February 15th, 2018|Categories: Disability Insurance Claims, Legal Updates, Success Stories|0 Comments

MetLife Denies Accidental Death Benefits Under Exclusion For Death Caused Or Contributed To By Illness Or Sickness.

We are seeing more and more claims for Accidental Death benefits denied under an exclusion for “loss” caused by “illness or the treatment thereof.” Whenever an insured involved in an accident is taking prescription medication, the insurer argues that the accident was, in part, caused by the medication side effects. Likewise, when an insured has an illness that weakens his/her ability to recover from a physical trauma, the insurer argues that the illness contributes to the death and thus is excluded under the policy.   These arguments taken to their extreme would result in almost all Accidental Death Claims being [...]

By |May 10th, 2016|Categories: Accidental Death Insurance Claims, Success Stories|0 Comments

Disability Insurance Claim: County of San Diego (SDCERA)

Denial of Disability Retirement Reversed Stennett & Casino's client was employed by the County of San Diego for over 10 years in a clerical position.  She had to stop work because of an injury to her knee resulting from continued banging against a desk when she was placed in an awkward work station.  Despite the fact that she underwent 4 unsuccessful knee surgeries that left her with severe standing and walking limitations and severe pain with extended sitting, the County asserted that it could accommodate her limitations and continue to provide her a sedentary position. The County denied the client's [...]

By |July 5th, 2011|Categories: Disability Insurance Claims, Success Stories|0 Comments
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