Frankel & Newfield, P.C.

We Have Recovered Over $100 Million In Claims For Our Clients

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September 2012 Archives

Social Media: Post at your own risk!

A recent case concerning the rights of employers to include social media communications in litigation adds further emphasis to something we have been blogging about and telling our clients since August 2009: insurance companies were fast adapters and learned quickly that social media communications were a great way to gather information for denying claims.

Disability Awareness Survey Reveals Trends, Economic and Demographic Markers

The Council for Disability Awareness released the findings from its 2012 CDA Long Term Disability Claims Review, a summary of LTD claims from 2007 - 2011. There's always some nugget in the survey that we find of interest. This year we learned that the industry paid some $93 Billion in claims in 2011 by the companies who participated in the survey - a 2% increase over 2010.

Court Rejects Effort to Apply Pre-existing Limitation

A Federal Judge in Michigan has rejected United of Omaha's effort to exclude coverage, on the basis of a pre-existing condition. The policy contained a provision permitting United of Omaha to exclude coverage for a pre-existing condition, and took the position that the stroke suffered by the claimant fell within the pre-existing clause of coverage.

Court Finds for Claimant After Trial

A Federal Judge in Massachusetts has determined that a claimant proved his eligibility for benefits and rejected an insurer's effort to apply a pre-existing limitation. The insurer had initially approved the claim, only to terminate benefits on the basis of a report from its hired neuropsychologist.

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