Question
Which state statutes apply: the state the insured resides in or the state where the disability policy was purchased?
Answer
This is a really complicated question that involves a legal argument called Choice of Law. We had a case where our client was issued her Long term disability policy in Washington and then moved to Hawaii. We filed suit in Hawaii. We argued that Washington law applies and the court ruled that Hawaii law applies. It also depends if you are trying to apply substantive or procedural law. We have argued cases in Florida where the law of where the policy was delivered initially governs. We would need more facts to specifically answer your question and then it still won’t be a perfect answer for this issue as the Judge has discretion in many situations like this.
Resources to Help You Win Disability Benefits
Submit a Strong Appeal Package
We work with you, your doctors, and other experts to submit a very strong appeal.
Sue Your Disability Insurance Company
We have filed thousands of disability denial lawsuits in federal Courts nationwide.
Get Your Disability Application Approved
Prevent a Disability Benefit Denial
Negotiate a Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?
Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
How Do You Fight a Long-Term Disability Denial?
Disability Denial Reason #2 - Change of Disability Definition & Vocational Review
Disability Denial Reason #1 – Paper Review & IME
How to Apply for Reliance Standard Disability Benefits & Top 5 Reasons for a Claim Denial
Seven Surgeries and The Standard Still Denies Disability Insurance Benefits
Sun Life Wrongfully Denies Disability After Paying For 23 Months
Nurse Denied Long-term Disability Benefits by Lincoln After the Definition of Disability Changed
Lincoln Reverses Decision to Terminate LTD Benefits of Corporate Attorney after Dell Disability Lawyers Appeals the Decision
Transportation Manager with Brain Injury Wins Unum Disability Benefit Appeal
Prudential reverses decision to terminate LTD benefits of MRI Tech with Primary Progressive Multiple Sclerosis and degenerative Disc Disease
Engineer With Depression Wins Prudential LTD Appeal
New York Life Approves Disability Benefits for School Teacher With Multiple Sclerosis
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