Chicago Attorney Mark DeBofsky Obtains Precedent-Setting Decision for Clients in Disability Benefits Cases
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.
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.
About the Firm
The attorneys at Daley, DeBofsky & Bryant have a passion for protecting their clients’ rights to employee benefits and
Daley, DeBofsky & Bryant concentrates its practice in the areas of
• Disability insurance law
• ERISA litigation
• Employment law
•
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.
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Read the full story at http://www.prweb.com/releases/2011/3/prweb8214102.htm


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