Types of Claims
Private disability and occupational benefit claims are of five basic types: (1) claims under employer group plans or insurance policies; (2) claims under employer occupational injury benefit plans or policies; (3) claims under professional organization group plans or policies; (4) claims under individual disability benefit policies; and (5) claims under municipal disability benefit plans. There are distinct legal standards applicable to each of such claims and the differing strategies and tactics for pursuing them.
**The Voss Law Firm focuses its resources
on claims under individual disability policies**
Individual disability policies have long been available to certain professionals, physicians, dentists and lawyers in particular. Sometimes individuals not professionals are prudent enough to purchase their own disability policies. Claims under such policies, like claims under professional association group plans or policies, are generally not governed by ERISA, and so pose the same risk of a bad faith claim accompanied by compensatory and punitive damages. Because most claimants are professionals and likely to be either legally or medically astute, these claims are subject to favorable resolution to a higher degree than the other three categories of claims. That is not to say, however, that one is not faced with the same problems of unreasonableness seen in the employer plan context in the handling of many such claims.
Texas Insurance Code and Texas Common Law
Some insurance coverage, such as an individual policy or automobile policy, is not governed by ERISA and is instead subject to Texas law. The Texas Insurance Code and Texas common law provide several remedies for improper or bad faith insurance claim denials or misrepresentations made to sell insurance coverage.
- Health insurance claims
- Insurance coverage disputes and insurance policy litigation
- Disability claims
- Bad faith claim denials
- Employee benefit denials
- ERISA administrative appeals
- ERISA litigation
- AD & D claims
- Short-term disability (STD) claims
- Long-term disability (LTD) claims
- Life insurance claims
- Retirement benefit claims
- Automobile insurance claims
The Voss Law Firm, P.C. provides free confidential consultations to all new Clients. Please feel free to call the number listed at the bottom of the page, or simply fill out the contact form here and a qualified attorney will call you back within 30 minutes.
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