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Welcome to Dorian Law’s blog page. This is where we write about useful tips, emerging trends, and provide thoughtful insights regarding LTD, Life, and AD&D Insurance benefits. Search for something you are interested in or check out a topic from the list below. Whatever brought you here, I hope we can make a difference.
- Abuse of Discretion
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- Attorneys' Fees
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- Best Font for Legal Briefs
- Breach of Fiduciary Duty
- Case Review Corner
- Cherry-Picking Medical Records
- Costs
- Denied Disability Benefits
- Disability Insurance
- Disability Insurance Company Tactics
- Disability While Working
- Duty to Cooperate
- ERISA
- ERISA Preemption
- ERISA accidental death claims
- ERISA disability claims
- Exhausting Administrative Remedies
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- Punitive Damages
- Reliance Standard
- Retroactive Disability Claims
- Sedentary Work
- Severance Agreement
- TBI
- Taxes
- Unum
- Waiver of ERISA Claims
- insurance appeal
- insurance denial
Understanding State Bans on Discretionary Clauses in Insurance Policies
Facing an Unfair Insurance Claim Denial? Did you know your insurance company might have the final say on your claim, even if it seems unjust? This power comes from "discretionary clauses" hidden in some insurance policies, allowing insurers to interpret the rules in their favor. This can be a major hurdle, especially in long-term disability, life insurance, and AD&D claims, often governed by ERISA. While many states are banning these clauses to protect policyholders, there's a catch for those in self-funded ERISA plans. These plans often aren't subject to state insurance regulations, meaning discretionary clauses could still impact your claim.