|
Disabilities vary greatly, from permanent physical
injury to cognitive damage to drug or alcohol dependency.
In all cases, the disabling condition impairs a person’s
usual physical and/or mental function, preventing him
or her from earning a living as he or she previously
did. At that point, a disability insurance policy can
mean the difference between maintaining one’s
usual lifestyle and bankruptcy.
Unfortunately, disability insurers sometimes make it
difficult for insured people to recover the payouts
to which they are entitled and for which they have paid.
When that happens, expedient, successful resolution
is essential. The practice of Golomb & Honik’s
Mark F. Seltzer focuses exclusively on this area of
the law and has achieved national recognition. You can
read more about Golomb & Honik’s handling
of disability cases below:
- A surgeon who was insured against disability suffered multiple herniated discs resulting in multiple surgeries; he became totally and residually disabled in 2001. Although his condition was a serious one, he returned to work in a matter of months but was unable to perform some strenuous surgeries as before his injury. Once the waiting period on his policy expired, the surgeon made a claim on his own for residual disability benefits; the insurance company denied his claim. Golomb & Honik instituted suit on his behalf and included counts for breach of contract, bad faith, and violations of the Pennsylvania Unfair Trade Practices Act as well as other consumer laws. Golomb & Honik lawyers were able to establish bad faith on the part of the insurance company, including the way in which this individual case was handled. They also demonstrated a company-wide pattern and practice in misinterpreting their own policy language for the sole purpose of denying claims. The case settled shortly before trial for nearly ten times the compensatory claim for residual disability benefits.
|