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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.
- AI Legal Risks
- AI and Legal Advise
- Abuse of Discretion
- Accidental Death Insurance (AD&D)
- Attorneys' Fees
- Bad Faith
- Best Font for Legal Briefs
- Breach of Fiduciary Duty
- Case Review Corner
- ChatGPT and Insurance
- Cherry-Picking Medical Records
- Costs
- Denied Disability Benefits
- Denied Life Insurance 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
- Fibromyalgia
- Footnote Citations
- Hiring an Insurance Lawyer
- Individual Disability
- Interpleader
- LTD Appeal Checklist
- Legal Document Design
- Legal Ethics
- Legal Typography
- Legal Writing Tips
- Life Insurance
- Long Term Disability
- Long Term Disability Insurance
- Long-COVID
- Lupus
- ME/CFS
- MetLife
- Objective Medical Evidence
- Pre-existing Condition
- Provider Reimbursement
- Punitive Damages
- Reliance Standard
- Retroactive Disability Claims
- Sedentary Work
- Severance Agreement
- TBI
- Taxes
What Exactly is “Accidental Death” in Insurance?
If you're facing a denied Accidental Death and Dismemberment (AD&D) insurance claim in California, Phoenix (Arizona), Seattle (Washington), Idaho, or Las Vegas (Nevada), Dorian Law P.C. can help. "Accidental death" generally means a fatality resulting directly from a sudden, unexpected, and unintentional event like a car accident, fall, or drowning, but policies exclude things like illness, suicide, and often drug overdoses. Whether your policy is governed by ERISA (federal law for employer-sponsored plans, with a mandatory appeals process and focus on "reasonable expectations," employing either a two part test or a substantial certainty test) or state law (which varies, with California focusing on unforeseen events and other states relying on policy language), insurance companies may dispute claims. Dorian Law P.C. understands these complexities, including the specific laws in your region, and will fight to secure the AD&D benefits you deserve. Contact us today for a consultation if your claim has been denied.
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.
Can You Deduct Attorney Fees Paid to Recover ERISA Benefits?
Dealing with a denied ERISA claim for long-term disability, life insurance, or AD&D benefits? You might be wondering if the attorney fees you paid to recover those benefits are tax deductible. Generally, if the benefits are taxable, the answer is often yes! Learn about the "above-the-line" deduction for employment-related ERISA claims and how the Trump tax law changes affect this. Dorian Law provides key insights to help you understand the tax implications of your ERISA case. Read our latest blog post to find out more.