Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is a civil trial lawyer who limits his practice to wrongful death, personal injury, and insurance cases. He is a member of the Million Dollar Advocates Forum whose members must have settled one or...MORE

Category Archives: Disability

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Lawsuit Filed Against AFLAC for Disability Benefits

Posted in Disability
My client suffers from a couple of different debilitating medical conditions.  He purchased an AFLAC policy at work, which was supposed to pay him when he was off work as a result of illness or injury.  The maximum benefit was for 6 months, at which point AFLAC would not pay anymore for that particular medical … Continue Reading

Lawsuit Filed to Reduce Health Insurance Lien

Posted in ERISA, Liens Health Insurance / Erisa
My client was severely injured in a motorcycle accident.  In a bad faith lawsuit against the at-fault driver’s insurance company we recovered a confidential amount well in excess of 150 times the policy limits.  My client’s health insurer paid around $200,000 for medical care related to the crash. After resolving the bad faith case, my client’s health insurer … Continue Reading

Lawsuit Filed to Eliminate Lien Against Blue Cross and Blue Shield

Posted in ERISA, Liens Health Insurance / Erisa
My client was injured in an automobile accident.  My client was an HMO member through his employer.  The HMO was issued by Blue Cross and Blue Shield of Florida.  After the accident, Blue Cross and Blue Shield provided some medical services to my client that were accident related, and also provided some services that were not related … Continue Reading

Court Rules on Definition of “Disabled” in an ERISA Disability Policy

Posted in Disability, ERISA, Long Term Disability, Short Term Disability
Recently, we prevailed in federal court on a contract interpretation issue under an ERISA short term disability insurance policy.  Due to an illness, our client could not perform some of the essential duties of her job. She could perform some of her duties, she just couldn’t perform them all. Our client filed a claim for STD benefits … Continue Reading

ERISA Appeal Filed for Accidental Death Benefits After Motorcycle Crash

Posted in Accidental Death and Dismemberment, ERISA, Life Insurance
My client’s brother was riding his motorcycle when another driver turned left in front of him.  The motorcyclist struck the front right corner of the car.  The motorcyclist died at the scene. The driver of the car received a ticket for violation of right of way.  The motorcyclist was not speeding, and was not found to be … Continue Reading

Life Insurance Company of North America Ordered to Reinstate Long Term Disability Benefits

Posted in Disability, Long Term Disability
Life Insurance Company of North America (“LINA”) was recently ordered to continue paying disability benefits under an ERISA governed Plan. In that case, the our client was employed by UBS as a senior sales brokerage assistant earning over $100,000.00 a year. She left work as a result of a heart condition and fibromyalgia which caused … Continue Reading

Court Orders Aetna to Reinstate Long Term Disability Benefits

Posted in Disability, Long Term Disability
Our client was insured under a self-funded long term disability plan which was administered by Aetna Life Insurance Company. Our client filed an LTD claim based on his anxiety, panic disorder and agoraphobia. Aetna initially approved the claim, but later terminated benefits and denied the claim. We filed suit in Federal Court and the judge … Continue Reading

The Statute of Limitations in ERISA Cases

Posted in ERISA
ERISA – Statute of Limitations One of the most perplexing issues that arise in ERISA cases is the applicable statute of limitations. The ERISA statute itself does not provide a specific statute of limitations for claims for benefits. Instead, Courts look to the Plan document, the insurance policy, and/or state law in making such a … Continue Reading

Lawsuit for Disability Benefits Filed on Behalf of a Veterinarian

Posted in Disability, Short Term Disability
My client is a veterinarian who became disabled due to cancer and the subsequent grueling treatments.  Her disability insurance carrier is New York Life.  Although New York Life has not technically denied the claim they might as well have.  Instead of quickly processing the claim, their claims administrator has repeatedly requested the same information time and again.  Once … Continue Reading

What to do if Your Disability Insurance Carrier Terminates Your Disability Benefits

Posted in Disability
You buy short term disability and long term disability insurance in order to protect yourself and your family.  In many cases, the insurance company denies the disability claim from the beginning.  Other times, the disability insurer approves a claim only to terminate benefits later.  As a lawyer for the disabled, I help people with claims that … Continue Reading

Administrative Appeals for Disability Benefits

Posted in Disability, Long Term Disability, Short Term Disability
The Nation Law Firm recently filed an administrative appeal for certain disability benefits under the terms of the Harris Corporation Disability Plan. Plaintiff was successful in this appeal and benefits were reinstated. The Nation Law Firm recently handled an administrative appeal under an ERISA plan against Principal Life Insurance Company. Plaintiff prevailed in the appeal … Continue Reading

Lawsuits filed for Disability Benefits

Posted in Disability, Long Term Disability, Short Term Disability
We recently filed a lawsuit seeking certain short term disability benefits under the terms of the Federal Express Short Term Disability Plan. Litigation continues.  We also recently filed suit seeking short term disability benefits under the terms of the Blue Cross and Blue Shield of Florida Short Term Disability Plan. Plaintiff was an employee of … Continue Reading

Lawsuit Filed For Credit Disability Benefits

Posted in Credit Disability, Disability
The Nation Law Firm recently filed suit against CUNA Mutual Insurance Society for certain credit disability insurance benefits. (Often borrowers will take out credit disability insurance to pay their loan payments in the event of disability). In this case, our client became disabled and applied for disability benefits. The insurer, CUNA, denied the claim, arguing … Continue Reading

ERISA Reimbursement of LTD “Overpayments”

Posted in Long Term Disability
In Holmstrom v. Metropolitan Life Insurance Company, 2009 WL 901127 (N.D. Ill. March 31, 2009), Holmstrom sued Metropolitan for terminating her long term disability payments.  Metropolitan counterclaimed seeking reimbursement from Holmstrom for an overpayment of LTD benefits which occurred when Holmstrom received a payment for back benefits from social security disability.  (The Metropolitan plan contained a … Continue Reading

The Nation Law Firm Files Suit against Hartford Life and Accident Insurance Company for Long Term Disability Benefits

Posted in Long Term Disability
We recently filed suit against Hartford Life and Accident Insurance Company for denying our client’s claim for Long Term Disability benefits.  Our client was a salesman working for a chemical company.  He suffered from intractable pain, and applied for and received short term disability benefits.  He then received long term disability benefits for 24 months.  … Continue Reading