Discretionary Clauses & States That Ban Them | Columbus OH Disability Lawyer

Описание: LinerLegal.com
(216) 282-1773

ANDREW’S ANSWERS: Disability Attorney Andrew November is back to answer more of your questions. Today, he tackles the topic: Discretionary Clauses & States That Ban Them

Check out the blog for more information and a full list of states that ban discretionary clauses. Read the full blog here ➡️ https://bit.ly/3cpiWDV

Andrew November:
Hello, thank you for watching Andrew's answers. I'm Andrea November disability attorney. Okay. We're talking about discretionary causes we're really going to get into the weeds here, but this is a super important topic that I think most disability attorneys don't even think about, but we think about it. So what is a discretionary clause? Discretionary clause is a clause in your LTD policy that vests complete control to the insurance company to make a determination on your claim or appeal with the evidence that they find sufficient. Now, this throws contract law on its head because historically the way contracts got resolved was against the person who drafted it, here the insurance company. Now with a discretionary clause. Nope. If that is in your policy, that means when we Sue your insurance company, we have to show that their decision was arbitrary and capricious, and that's a very high standard.
Andrew November:
However many states ban these ridiculous discretionary clauses. Unfortunately, Ohio is not one. However, just because you're probably living in Ohio right now and watching this video that does not mean you don't have a policy that was issued in a state that does ban discretionary causes because corporations are big and they exist all over the United States. You may have a policy that was issued in a state that bans discretionary causes. I have two clients right now that have policies that were issued in, in Illinois. It does ban discretionary causes. Now, the reason why that's important is because this is going to affect our claim and appeal strategy. And I can't give away too many answers because I know my adversaries like to watch my videos, but I'll tell you when you call. So if you have questions about your policy and your policy has a discretionary clause, let me know, give me a call, send me a text or send me an email. I'm looking forward to hearing from you and taking a look at your policy. Thank you.