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Damages Archives

DAMAGES AGAINST A DISABILITY INSURANCE COMPANY

Our firm receives many questions regarding the type of damages an insured can seek from a disability insurance company. Whether the insured is applying for disability benefits or has already been denied benefits, the insurance company's liability is important and many clients and potential clients call to discuss the types of damages that can be obtained for a disability insurance company's failure to properly pay a claim. The answer depends on whether or not that client has a policy that was issued and administered through his or her employer (an ERISA Policy) or whether his/her policy was procured by that insured's own agent and is paid for directly by the insured (a private policy). A policy issued and administered through an insured's employer is usually a group disability policy and is subject to the Rules of ERISA (the Employee Retirement Income Security Act of 1974) which strictly limits the types of damages available to an insured. Today's focus is on the three types of damages persons with private disability policies may recover against disability insurance companies.

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