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Standard Insurance Company’s attempt to dismiss disability insurance lawsuit is denied in-part by Florida Federal Judge

Disability claimant challenges Standard Insurance Company’s attempt to limit disability benefits to 24 months under the “Other Limited Conditions” provision.

Very often, disability insurance companies are being sued due to wrongful denial of claims or wrongful termination of disability benefits. There are occasions where a court will dismiss a disability claimant’s lawsuit if it is premature or not ripe. Insurance companies will routinely file motions to dismiss in an effort to either delay a decision on the merits or to win the case without the court considering the merits. Motions to dismiss are rarely granted. For motions to dismiss, the courts have to view the complaint in a manner that is most favorable to the plaintiff.

The federal rules governing civil proceedings don’t require a detailed plea from the plaintiff to base his or her claim on. Only a short statement as to the plea is needed to give the opposing party a fair notice of what the claim is and the ground upon which it rests. Nevertheless, the plaintiff is still required to allege “more than labels and conclusions”¦” and raises “”¦ [the plaintiff’s] right to relief above the speculative level.” The case of Brain S. Hayse vs. Standard Insurance Company is a good example of how the Courts implement the above mentioned rule.

The Background Of The Case Against Standard Insurance Filed by Disability Attorney

The plaintiff in this case enrolled in a long term disability policy that was issued by the Standard Insurance Company (Standard Co). On November 2008, after suffering a disabling injury, the plaintiff was awarded long term disability benefits by Standard Co. On October 27th 2010, Standard Insurance informed the plaintiff that his disability benefits would end on September 27th 2011 as they were limited to 24 months. The plaintiff then, filed a lawsuit against Standard Co claiming an anticipatory breach of contract and Declaratory Relief. In response, Standard Insurance filed a motion to dismiss both claims made by the plaintiff.

The District Court Rulings

The District Court in its ruling granted Standard Insurance the motion to dismiss the anticipatory breach of contract claim and denied the motion to dismiss Declaratory Relief for the following reasons below:

Claim of Anticipatory Breach of Contract is Dismissed by Court as it is not Ripe

The District Court ruled that the plaintiff is still receiving disability benefits from Standard Co until September 27th 2011 if the plaintiff remains disabled. Standard Co did not indicate that it wanted to repudiate the plaintiff’s policy but rather recognized that the plaintiff could become disabled due to a different condition in the plaintiff’s policy. In other words, the plaintiff has not shown that he had suffered damages due to Standard’s notification of the expiry of his benefits. Hence, the plaintiff’s claim for the anticipatory breach of contract must be dismissed.

Claim for Declaratory Relief Is not Dismissed and the Case will Continue Against Standard Insurance Company

The plaintiff’s other claim revolves around the issue as to whether he is subjected to the “Other Limited Conditions” classification contained in the Plan. Standard Co asserted that there is no actual present need for a declaration of the plaintiff’s future rights to benefits. The court recognized that Declaratory Judgments are “a valuable procedure for the resolution of insurance coverage dispute to the benefits of insurers, insured and claimants.”

The District Court ruled that before any claim for Declaratory Relief be entertained; it must be clearly shown that there is an actual need for the Declaratory Relief. In this case, the Plaintiff alleged that he is not subject to the “Other Limited Conditions” classification within the policy. And because Standard Co has already classified Plaintiff’s disability under the policy and the plaintiff disputed this classification, there is an actual, present controversy between the parties. The court ruled that resolving this dispute will determine the rights of both parties under the policy. As such, the Plaintiff is entitled to a declaratory judgment regarding his long term disability rights.

This case will continue and the court will eventually make a ruling on the declaratory judgment. Standard insurance company is represented by an experienced and well skilled defense attorney that our law firm has faced on numerous occasions.

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Questions About Hiring Us

Do you help Standard claimants nationwide?

We represent Standard 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 Standard disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Standard. 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 Standard.

How do you help Standard claimants?

Our lawyers help individuals that have either purchased a Standard 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 Standard:

  • 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.

Do I have to come to your office to work with your law firm?

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.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Ken A.


5.0 stars


Most likely… if you are reading this now… you are searching for ‘The Right Disability Attorney’! Realizing that no professional, including Greg Dell, can make everyone happy, the attorneys at Dell attempt to. They are still representing my best interests and have literally collected every dime I am entitled to under policy. Insurance companies know that Greg Dell’s firm is large enough to have assets sufficient to fight if necessary. They won’t ‘roll over’ because they don’t have the money to stay in the ring. Your insurance company, I assure you, know who ‘Greg Dell’ is. After they receive that 1st letter from Mr. Dell, putting them on notice that they are no longer to contact you, (that ALL correspondence goes through him)… I assure you their ‘method of operation’ changes gears. Please listen to me.

It has been my experience that once you call your insurance carrier and tell them you are even ‘thinking about’ filing a claim – their ‘helping hands’ attitude changes immediately. You are no longer an asset… you have now become a ‘liability’. Your insurance carrier knows that they will never make another dime from you. From now on you will only cost them money… perhaps for the rest of your life. It’s just business folks… we try to mitigate liabilities. If they can find a way to stall, question and deny… most likely they will.

Understand that insurance companies make money three ways:

1. Collecting premiums.

2. Investing revenues.

3. Denying claims.

They have already collected your premiums and will now determine if they can justify denying your claim… they simply will.


If you are a professional and find yourself in the unfortunate position of filing a disability claim – I admonish you to not try this on your own!


Your decision is whether to hire a “disability claims consultant” or an “attorney” which specializes in professional disability claims. You’d be wise to decide upon the later. The reason being an attorney has “power” and “authority” and actually “represents you”. He/she has authority (power of attorney) to actually communicate with your insurance company and do “Whatever It Takes”. A disability claims consultant does exactly that… they “consult” with “you” (not the insurance company) and make recommendations… they tell you what to say and do.

Mr. Dell notified my insurance company that my claim was legitimate and justified and that they were simply going to pay my claim. 5 years later I have received every single payment, in full and on time!

If you have not decided yet… please listen to me. You are about to step on the field of battle with Goliath. You must never forget that these insurance people are good… very good. They know what they are doing. All day long claims adjusters look for ways to deny claims. They know all the tricks. Unless you are King David… you are going to need much more than a rock.

In conclusion consider this… right now you are not looking for a friend. You need someone who knows what they are doing… and does it exceptionally well. Do yourself a favor and call Greg… call him right now. I assure you… you’ll sleep much better tonight!

***** 5 stars based on 202 reviews

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