Disability Income Policies

[greg hines]

What is the name of your state? What is the name of your state? Texas
It is my understanding there are two terms use in defining disability; Your Occupation and Any Occupation.
The last court opnion I had read was a general overview which states in brief a person is considered diabled if they are unable to perform the material and substancial duties of their occupation with due regard to their education, training, experince, earnings.
Encompussed in the "education" provision is "vocation and/or avocation".
Does anyone know if there has been any material changes to this "guideline".
Where would be a good place for me to research this topic.

 

[CIAA]

greg,

First of all, assuming this is not employer based coverage, and that you were a Texas resident when coverage was issued, it's all going to depend on exactly how the policy is worded in regard to certain terms and definitions. All the applicable state court rulings are, for the most part, based on (1) how the policy reads, and (2) if the language is approved (ref. 28 Tex. Admin. Code Sec. 3.3012, et. seq.), and (3) how the courts have applied similar language in the past.

If you want to be more specific we'll try to respond. You can talk to an attorney; also research case law through the various state appeals court web sights, many aren't available); do research at a law library.

We are not attorneys and do not give legal advice or legal opinions. Any opinions or comments in our response are based solely on our insurance administration and claims experience and should not be regarded as a substitute for professional legal advice.