Which states have banned discretionary clauses in ERISA disability insurance policies?
As of August 2014 there are 20 states that have either passed laws or department of insurance regulations which abolish discretionary clauses. Our attorneys continue to fight on a daily basis to abolish discretionary clauses in all 50 states. We have provided below a listing of the laws in each of the states that have abolished discretionary clauses.
- CALIFORNIA – Cal. Ins. Code § 10110.6;
- CONNECTICUT – Bulletin HC-67; (March 19, 2008), available here (last visited Oct. 18, 2011);
- HAWAII – Commissioner’s Memorandum 2004-13H (Dec. 8, 2004), available here (last visited Oct. 18, 2011);
- IDAHO – Idaho Administrative Code § 18.01.29.011, available here (last visited Oct. 18, 2011);
- ILLINOIS – Ill. Admin. Code 50 § 2001.3 (2005); see also Company Bulletin 2010-05 (June 28, 2010), available here (last visited Oct. 18, 2011);
- INDIANA – Bulletin 103 (May 8, 2001), available here (last visited Oct. 18, 2011);
- KENTUCKY – Advisory Opinion 2010-01 (March 9, 2010), available here (last visited Oct. 18, 2011);
- MAINE – 24-A M.R.S.A. § 4303(11);
- MARYLAND – MD Code, Insurance, § 12-211;
- MICHIGAN – Mi. Admin. Code §500.2201 et seq., available here (last visited Oct. 18, 2011), Mi. Admin. Code § 550.111 et seq., available here (last visited Oct. 18, 2011), Mi. Admin. Code § 550.301 et seq., available here (last visited Oct. 18, 2011);
- MINNESOTA – M.S.A. § 62Q.107;
- NEW JERSEY – N.J. Admin. Code § 11:4-58.1 et seq.;
- NEW YORK – Circular Letter No. 14 (June 29, 2006), available here (last visited Oct. 18, 2011);
- OREGON – O.R.S. § 742.005 (see also Form 3172b – Standard Provisions for . . . Policies at p. 5, available here (last visited Oct. 18, 2011)) (Form 3631 – Standards for Accidental Death and Dismemberment . . . Policies at p. 7, available here (last visited Oct. 18, 2011));
- SOUTH DAKOTA – S.D. Admin. Rules § 20:06:52:01, et seq., available here (last visited Oct. 18, 2011);
- TEXAS – 28 Tex. Admin. Code § 3.1202 et seq.;
- UTAH – Utah Admin. Code R590-218; See also Bulletin 2002-7, available here (last visited Oct. 18, 2011);
- VERMONT: Sec. 31. 8 V.S.A. § 4062f, see here;
- WASHINGTON – WAC 284-44-015, available here (last visited Oct. 18, 2011), WAC 284-46-015, available here (last visited Oct. 18, 2011), WAC 284-50-321, available here (last visited Oct. 18, 2011), and WAC 284-96-012, available here (last visited Oct. 18, 2011);
- WYOMING – W.S. 1977 § 26-13-301 et seq.
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Mutual of Omaha
90 days and still waiting
I filed for benefits in July, 2024 with an effective date of 7/30 (after the 14 day wait) and today is October 18th and my claim is still pending. They either don't want t... read more >
New York Life
NY Life Short Term Disability Team is Terrible
I am a physician and was in a high velocity rear impact car accident. The person slammed into my stopped car going almost 50mph. Was not physically or cognitively able to ... read more >
Sedgwick
Sedgwick will use the false need for discovery to deny your claim
Sedgwick will use the false need for discovery to deny your claim for as long as possible to wear you down because you are out of work and need the money.Lie, cheat and ... read more >
Unum
Unum does not act as a fiduciary
I received paycheck from 2 sources at work. I was approved for LTD by Metlife within 40 days, no questions asked. I was approved by NWM which was my private own occupation... read more >
Unum
UNUM denied my LTD claim after 6 months although my health continues to decline
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MetLife
Horrible STD Service. Run !!!!
For the first time since I can remember my employer did not offer STD as one of my paid benefits so I’m paying for this policy. Had to file a claim on 6-14-25. Went thro... read more >
Reliance Standard
Reliance Standard cut off LTD suddenly claiming I could do sedentary work after 10 plus years… no paperwork sent to appeal
I’ve been on STD then LTD with Reliance since 1/2015. They sent a medical review in December 2024 to my old address which of course I never got the paperwork for. I emai... read more >
Sedgwick
Denial for benefits, Sedgwick is the worst
I was not paid for 7 months on STD. My appeal was finally approved, but in the meantime I lost company match on my 401k, and then they canceled my company insurance. Out o... read more >
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