Many professionals, a doctor, lawyer, engineer, chiropractor or scientist, including other professions, are solicited by insurance companies and agents to purchase disability policies. In exchange for a payment of a monthly or annual premium, the insured receives coverage by the insurance company stating that in the event of an injury or sickness that results in a partial or permanent disability, by definition and scope of the contract, the insured will receive monthly, quarterly, or annual payment of benefits for a duration of time described in the agreement, which can be for a specific term, or for life.
The application process is generally very tedious and confusing due to the amount of probing into past medical history by the insurance company. These policies provide the individual with a sense of protection; after all, any policy that pays you when you can work is a good thing. Every policy holder says, “just in case”.
However, and unanticipated, when the claim is made the insurance company finds a way to not honor the policy, or in some situations, the policy is sold or assumed by another insurance company, and the insurance company interprets differently the terms of the agreement and stops making payments citing a term in the agreement for an exclusion that you may have not been aware of, or may have understood differently than as applied by the insurance company in excluding benefits. Additionally, the insurance company may find that you no longer meet the criteria for disability as defined under their agreement, and they stop your benefits, even though you are still disabled.
More frustratingly, the insurance company always seeks to remove your case from state to federal court. What many attorneys inexperienced in this area do not know is that the laws governing disability policies in federal court are more lenient and beneficial for the insurance company. Therefore, the attorney will not attempt to remove the state back to state court and fight an uphill battle in laws made to protect who you have filed against. As a plaintiff/claimant, you want to ensure that the case is remanded to State Court and stays in State Court, which Florida has more beneficial laws and case findings to the insured, rather than the insurance company. More importantly, you want to ensure that you have an attorney qualified and experienced in representing your interests, after all, this is your income now, and you need someone that knows how to protect it.
This area of contract law is very specialized and requires the service of an attorney experienced in dealing with the litigation and resolutions of these agreements. K/S Senior Partner, Mr. Shamy, and associate, Mr. Miller, are both qualified to handle these types of cases, and are ready to assist you in ensuring that you receive the benefits that you are entitled to under your disability policy when the insurance company decides to decline your right to compensation, or cease the continuation of benefits under the contract.