Accidental Heroin Overdose Death Is Not an Intentionally Self-Inflicted Injury

A widow, whose husband died of an accidental overdose of heroin, sought benefits under an accidental death insurance policy sponsored by her former husband’s employer. The plan was governed by the Employee Retirement Income Security ...

Disability Claim: Epilepsy

Can an insured be disabled solely from the side effects of medication under a disability insurance policy? The Answer is yes.   Our client was in his 40’s when he had to leave work because of numerous seizures diagnosed by his ...

What Do You Do If Your ERISA Claim Is Denied?

1. Calendar the dates within which to file an appeal. If your claim is denied you will receive a letter setting forth the reasons for the denial. The letter will also set forth your rights to appeal the denial and the time frames for ...

Time Limits Tolled During Covid-19 Emergency

If you have a claim for benefits (Life, Disability, Health, Accidental Death) under your employer’s Plan you should be aware that many of the time limitations for pursuing your claim are tolled until after the Covid-19 emergency ...

How Do You Determine If A Claim Is Governed By ERISA?

If you have a claim for benefits under an insurance policy or an employee benefit plan that has been wrongfully denied, the denial at its core is a breach of contract – breaching the promise to pay benefits. That breach of contract ...