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Podiatrist Unable to Practice Due to Injuries Receives 7-Figure Insurance Settlement
Our client, a podiatrist, was unable to perform his duties due to debilitating back and neck injuries. The disability carrier denied his claim contending that there was insufficient objective evidence of injuries that could prevent him from performing the procedures requires in his practice.
The insurance company argued, among other things, that the claimant was partially, and not totally, disabled.
This formula set forth in our client’s policy for Residual Disability provision of his Disability Insurance policy provided for only a fraction of the benefits allowed by the disability insurance provision.
The case settled with a 7-figure settlement.
Disabled Orthopedic Surgeon Obtains Insurance Settlement of More Than $3 Million
Our client, an orthopedic surgeon, could no longer practice surgery due to numbness in his hands and fingers, among other infirmities caused by diabetes.
His insurance company denied his Total Disability Claim on the grounds he was still practicing medicine even though he was no longer performing surgery.
The insurance company argued that he was actually earning more money without the surgery part of his practice because of income he was deriving from diagnostics, physical rehabilitation and other aspects of his continuing practice.
The federal court judge ruled that under the terms of his policy and California law, the amount of money he was making was not relevant to his entitlement to his own-occupation disability benefits and that the issue was simply whether or not he could still perform his duties as an orthopedic surgeon. He clearly could not.
The case was settled for over $3Million.
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