One of the techniques used by insurers to attempt to defeat an own occupation disability claim is to try to re-cast the nature of the insured’s occupation. We once again thwarted such an attempt on behalf of anorthopedic surgeon from Maryland and obtained a $1 million settlement on his disability insurance claim.
Our client opened a series of MRI testing facilities as a means of starting up an alternative career. He knew that his Rheumatoid Arthritis would ultimately end his surgical career and he needed to make plans for himself and his family. When he did indeed deteriorate to the point where he could no longer perform surgery, he filed his disability claim.
The insurer refused to pay the claim on the grounds that the doctor had a “dual occupation”; i.e., they viewed his occupation as both doctor and businessman. In their view, since he was not disabled from being a businessman, he was not entitled to be paid under his own occupation insurance policies.
Our firm fought back, suing in the federal courts in Maryland. Our exhaustive survey of all of the leading cases around the United States was put into a compelling legal brief, which formed the basis for the favorable settlement in which the insurer bought out our client’s entire claim on a lump sum basis.
Schwartz Law is the premier disability insurance law firm in the United States. To see how we can help you, contact us.
Evan S. Schwartz
Founder of Schwartz, Conroy & Hack
833-824-5350
[email protected]