Insurance lawyers will often have a case wherein an expert is needed. When this happens it is important to understand how to get an expert’s testimony admissible in a court proceeding. Here is a 2023, opinion that discusses expert’s. It is from the Western District of Texas, Austin Division. It…
Articles Posted in Disability Policies
Disability Claims – Full Time Employee
Here is a case wherein one of the issues was whether or not an employee was eligible for Long Term Disability (LTD) based on the definition in the policy of “full time” employee. This is a 2022, case is from the 5th Circuit Court of Appeals. It is an appeal…
Long-Term Disability Benefits & ERISA
Lawyers who handle long-term disability (LTD) claims that are governed by the Employee Retirement Income Security Act of 1974 (ERISA), will want to read this opinion. The opinion is titled, Enrique Talamantes v. Metropolitan Life Insurance Company. It is a 2021, opinion from the United States Fifth Circuit. It is…
Long Term Disability Claims
Long Term Disability (LTD) claims are not uncommon in the insurance world. Some of these claims are easy to see and understand, such as an amputation. Other LTD claims are less easy to see and understand, such as chronic conditions and conditions that do not show up easily on tests…
Life Insurance Lawyers – FEGLI
What is FEGLI? FEGLI stands for Federal Employee’s Group Life Insurance and is a life insurance program for Federal and Postal employees and annuitants. The law related to FEGLI is authorized by law and can be found in Chapter 87 of Title 5, United States Code. The Office of Personnel…
Insurance Cases – Mootness And Standing
Here is a somewhat lengthy opinion in a case involving the Employee Retirement Income Security Act (ERISA) and a disability claim. The opinion is from the Western District of Texas, Austin Division, and is styled, Jason Thomas Young v. Reliance Standard Life Insurance Company and Matrix Absence Management, Inc. Plaintiff,…
What Are Insurance First Party Policy’s?
What is a First Party claim versus a Third Party claim? A “first party” policy typically involves insurance that provides policy benefits directly to the insured or beneficiary in the event of a loss. The Texas Insurance Code, Section 541.051(2) defines “first party claim” as a claim “by an insured…
ERISA Disability Claim Denied
Here is yet another ERISA claim being denied by the Federal Courts. This case is from the United States Fifth Circuit Court of Appeals and is styled, Deo G. Shanker v. United Omaha Life Insurance Company. The District Court granted United’s summary judgment motion and this appeal followed. Shanker was…
Press Release Number 10
The law office of Mark S. Humphreys, P.C. is pleased to announce a settlement in a case involving a disability policy. In this case the insured lady had purchased a disability policy through an advertisement she had received in the mail. The lady paid on the policy for a number…
ERISA – A Win!
Insurance attorney who handle denied claims and in particular insurance attorneys who are willing to take on an insurance claim governed by ERISA claim which has been denied, needs to read this opinion from the Eastern District of Texas, Sherman Division. The case is styled, Gina Pike v. Hartford Life…