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October 2016 Archives

A primer on the difference between equitable and legal remedies

When injured professionals are denied disability benefits, the reason for the denial is commonly unimportant. In these situations, they usually want the benefits they are entitled to. This is completely understandable from an individual's standpoint, and the feeling that an insurer should be held liable for denying benefits is understandable as well. However, if a lawsuit is initiated under ERISA, it is critical to understand the difference between legal remedies and equitable remedies. 

Provisions to be wary of in disability insurance contracts

Many professionals believe that they have a duty to work through chronic pain and debilitating illnesses both because of a sense of obligation toward their clients and patients, as well a belief that one's profession is intimately tied to notions of identity. Either way, when they can't do all their professional duties consistently in the usual way because of an illness or injury, they have a valid expectation that their disability insurance carrier will provide promised income protection benefits.

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