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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Do you help Berkshire claimants nationwide?

We represent Berkshire clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Berkshire disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Berkshire. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Berkshire.

How do you help Berkshire claimants?

Our lawyers help individuals that have either purchased a Berkshire long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Berkshire:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
  • ERISA and Non-ERISA Disability Benefit Lawsuits
  • Applying For Short or Long Term Disability Benefits
  • Daily Handling & Management of Your Disability Claim
  • Disability Insurance Lump-Sum Buyout or Settlement Negotiations

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

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No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

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