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.
###
Read the full story at http://www.prweb.com/releases/2011/3/prweb8214102.htm



San Antonio Chiropractor Offers Additional Treatment Options for Auto Accident Injuries
OPEX Includes Kofax VRS Software in New DS2200 Scanner
Advisor News
- What’s behind private equity investment in insurance brokerages
- Advisors get a win as NJ Senate passes independent contractor bill
- Why federal retirement benefits are more complex than advisors realize
- Why timing the market is still a retirement mistake and what to do instead
- Business owners may be overlooking a key part of their financial picture
More Advisor NewsAnnuity News
- Best’s Special Report: U.S. Life/Annuity Industry Sees Bottom-Line Growth Despite 18% Decline in Total Income in First-Quarter 2026
- Globe Life Inc. (NYSE: GL) Records 52-Week High Thursday Morning
- Fortitude Re Completes $500 Million FABN Issuance
- Reframing retirement income for greater certainty
- Jackson Introduces Dow Jones Industrial Average Index Option, Flexible Premiums, Six-Year Rate Guarantee in Latest Registered Index-Linked Annuity Launch
More Annuity NewsHealth/Employee Benefits News
- Getting disability benefits got harder after the Social Security Administration changes
- Capitol Beat: Scott's veto signatures piling up
- Rising ACA premiums spur pivot to cheaper plans
- California is getting ready to increase a health insurance tax. Will it affect your premium?
- New Insurance Findings from University of California Described (The impact of Medicaid expansion on coverage among those lacking housing basics, 2010-2019): Insurance
More Health/Employee Benefits NewsLife Insurance News
- OVER $107 MILLION IN LIFE INSURANCE BENEFITS LOCATED FOR TENNESSEANS IN 2025 THROUGH NAIC'S LIFE INSURANCE POLICY LOCATOR SERVICE
- Maryland Heights man pleads guilty in murder-for-hire death of his mom
- AM Best Affirms Credit Ratings of Everlake Life Group Members
- Industry experts warn NAIC: Fix flawed IUL illustrations now
- InsuranceAUM.com Celebrates a Historic 5th Annual Insurance Investment Executives’ Meeting in Chicago, Honoring Outstanding Industry Leaders and Spotlighting Next Event in Austin
More Life Insurance News