DI Law Group
Firm News & Events
Speak to an attorney today:
888-644-2644

September 2017 Archives

Life Insurance Interpleader Actions can be Filed in Court by Insurance Companies as a Lawsuit or as a Crossclaim or Counterclaim

Many times, an interpleader action is pursued by a life insurance company after two or more individuals file a competing life insurance claims for the same death benefit that is only required to be paid once under a life insurance policy. A life insurance company usually pursues an interpleader action in court by initiating a lawsuit as a plaintiff, whereby it sues all individuals who may have a claim to the life insurance benefit at issue as defendants to the lawsuit, and lets the claimants litigate who is entitled to the money at issue. The court then decides which claimant prevails, which has the effect of the insurance company avoiding a risk of double liability to more than one claimant.

Eleventh Circuit Court of Appeals Finds that Reliance Standard Life Insurance Company Acted Unreasonably When it Denied Disability Insurance Benefits Under the Pre-Existing Condition Exclusion to a Woman Who Suffered a Stroke Nine Days After Giving Birth

Julissa Bradshaw had a healthy pregnancy and no other pre-existing medical conditions when she became insured under her ERISA governed disability insurance policy with Reliance Standard Life Insurance Company ("RSL"). Approximately six months after obtaining the policy, Julissa gave birth to her daughter. Tragically, nine days later, Julissa suffered a debilitating stroke and was unable to return to work. Accordingly, Julissa filed a claim for long-term disability benefits with RSL. RSL denied Julissa's claim, alleging that her healthy pregnancy qualified as a pre-existing condition that "contributed to" her stroke. RSL argued that the Policy permits RSL to deny long-term disability benefits for a total disability that was "caused by," "contributed to by," or "resulting from" a pre-existing condition unless the insured has been actively at work for a full year. RSL claimed that because Julissa had not been employed for a full year, was pregnant during the "look-back period," and her pregnancy "played a part in producing" the stroke, her pregnancy "contributed to" her stroke and was therefore excluded from coverage.

Do You need Legal Counsel? We Invite You To Contact Our Offices For A Free Consultation.

Fill out the form and we’ll be in touch with you shortly, or call us directly at 888-644-2644.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our office locations

Broward
3201 West Commercial Boulevard
Suite 227
Fort Lauderdale, FL 33309

Toll Free: 888-644-2644
Phone: 954-989-9000
Fax: 954-989-9999
Map & Directions

Palm Beach
14255 U.S. Highway One
Suite 235
Juno Beach, FL 33408

Toll Free: 888-644-2644
Phone: 561-202-9170
Fax: 561-202-9194
Map & Directions