Disabled South Carolina doctor sues Berkshire Life for disability benefits

A disability attorney recently filed a federal lawsuit in South Carolina against the Berkshire Life Insurance Company of America. The plaintiff, a physician, paid for disability policies that were underwritten and insured by Berkshire. When the doctor applied for disability benefit, Berkshire refused to pay.

The Plaintiff, through his disability Lawyer, filed a disability lawsuit due to Berkshire’s breach of insurance contract and bad faith to recover long-term disability benefits that were wrongfully withheld by Berkshire.

The Facts of the Case Against Berkshire Insurance Company of America

On August 1, 2004, Berkshire issued a policy to the Plaintiff, insuring him against disability as defined in the “original policy.” This original policy allowed the Plaintiff to add additional coverage from Berkshire at a later time.

The Plaintiff exercised his rights to additional coverage on several occasions. Berkshire issued an additional policy on September 22, 2010. This policy called for the Plaintiff to receive $2,500.00 per month in the event he became injured. It would not pay anything to the Plaintiff if the disability was caused by a pre-existing condition except under certain circumstances.

According to this policy, “Pre-existing Condition” meant the following:

Plaintiff also purchased an additional policy from Berkshire, with an effective “policy date” of August 1, 2010. Berkshire collected premiums from the Plaintiff for coverage from that date. This policy called for a monthly disability payment to the Plaintiff of $2,500.00 a month in the event of a “disability” as defined by that policy.

On August 16, 2010, Plaintiff became disabled according to the definitions in all three policies.

Denial of Berkshire Disability Benefits Claims

Berkshire paid the Plaintiff according to the terms of the original policy, but denied the Plaintiff’s claim under last purchased policy under the presumed condition that the Plaintiff was disabled when he purchased the policy. Plaintiff’s claim under the 2nd purchased policy was also denied based on the presumed condition that the Plaintiff’s disability was due to a pre-existing condition as it is defined in that policy. The denial letter was sent to Plaintiff on January 25, 2011.

Lawyer Files Lawsuit Against Berkshire

According to the lawsuit, the Plaintiff alleged that Berkshire failed:

Plaintiff also claims Berkshire committed the following wrongful acts:

Relief Sought By The Plaintiff In The Berkshire Lawsuit

Due to Berkshire’s actions, the Plaintiff requests the following relief from the Court:

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