The District Court’s ruling on behalf of the plaintiffs in Ball v. Standard Insurance Company and Haines v. Reliance Standard will significantly impact the way in which the courts will rule on discretionary clauses in disability insurance policies.
Chicago, IL (Vocus/PRWEB) March 22, 2011
Chicago law firm Daley, DeBofsky & Bryant announced today a precedent-setting decision by the U.S. District Court for the Northern District of Illinois with far-reaching implications on future rulings regarding discretionary clauses in disability insurance policies.
In disability insurance policies, the discretionary clause is the contractual term that provides insurers with sole discretion in deciding whether benefits should be awarded under the policy. When an insurance policy is governed by the Employee Retirement Income Security Act (ERISA), the discretionary clause limits the way the courts may review a disability claim—making it difficult for the insured to receive a fair review of his or her claim.
“The District Court’s ruling on behalf of the plaintiffs in Ball v. Standard Insurance Company and Haines v. Reliance Standard will significantly impact the way in which the courts will rule on discretionary clauses in disability insurance policies,” attorney Mark DeBofsky stated.
DeBofsky elaborated, “By prohibiting the use of discretionary clauses, both parties will be on an even playing field. The courts may no longer give deference to the insurance companies, and decisions will be more impartial.”
Reference: Haines v. Reliance Standard Life Ins.Co., No. 09 C 7648, 2010 U.S.Dist.LEXIS 104625 (N.D.Il. Sept. 9, 2010); Ball v. Standard Insur.Co., 09 C 3668, 2011 U.S.Dist.LEXIS 19146 (N.D.Il. Feb. 23, 2011)
About the Firm
The attorneys at Daley, DeBofsky & Bryant have a passion for protecting their clients’ rights to employee benefits and Social Security disability payment that are owed to them. Their practice concentrates on representation of individuals seeking disability, health, pension, and other work-related benefits. They have studied and worked long and hard to gain the experience necessary to represent you and protect your benefits.
Daley, DeBofsky & Bryant concentrates its practice in the areas of Social Security disability, disability insurance and employee benefits, so that they may provide the most up-to-date and accurate legal advice and zealous representation. They know benefits law inside and out. Serving clients in the Chicago area, Daley, DeBofsky & Bryant is dedicated to providing legal services in the following practice areas:
- Disability insurance law
- ERISA litigation
- Employment law
- Social Security and Medicare
The firm takes pride in their knowledge and cutting edge litigation experience in these burgeoning fields of law. Their attorneys represent people in administrative proceedings, in court, and through alternative dispute resolution measures, such as mediation and arbitration. The government and insurance companies have their attorneys. With Daley, DeBofsky & Bryant, you can have equally professional legal representation.
Founded in 2002, the lawyers at Daley, DeBofsky & Bryant have decades of combined experience. For more information about the firm, please go to http://www.ddbchicago.com/ or call 312-372-5200.