Louisiana Disability Insurance Claims

We are a healthcare/professional disability insurance law firm with a national reputation for obtaining successful results for our clients. Our firm has represented physicians, dentists, lawyers, executives and other professionals throughout the country, with the goal of securing and protecting their entitlement to benefits on own-occupation disability insurance policies.

We consult with physicians, dentists, attorneys and business executives filing disability claims throughout Louisiana, including the New Orleans, Baton Rouge, and Shreveport areas. If you’d like to discuss your particular claim with our attorneys, we are happy to set up a free consultation.

Below are some resources for policyholders filing disability insurance claims in Louisiana. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.

Does Louisiana Recognize Insurance Bad Faith?

Louisiana, notably, “provides for the imposition of penalties against insurance companies who act in bad faith under La. R.S. 22:1892 and La. R.S. 22:1973.” Baack v. McIntosh, 2020-01054 (La. 6/30/21), 333 So. 3d 1206, 1217 (internal citations omitted).

As explained by the Supreme Court of Louisiana, “[t]hese statutes are penal in nature and should be strictly construed.” Id. That being said, “[t]he sanctions of penalties and attorney fees are not assessed unless a plaintiff’s proof is clear that an insurer’s failure to pay is arbitrary, capricious, or without probable cause.” Id. Conversely, the Supreme Court of Louisiana has determined that the statutory penalties “are inappropriate when the insurer has a reasonable basis to defend the claim and acts in good-faith reliance on that defense.” Id.

The case excerpts above are not meant to be a comprehensive discussion of each state’s first-party bad faith or disability insurance law. They are merely meant to act as a resource/starting point for those interested in learning more about how insurance bad faith works in their state.

You should always speak with an attorney before making any legal arguments relating to your disability claim.

Notable Louisiana Disability Insurance Cases

Kottle v. Provident Life and Accident Ins. Co., 775 So. 2d 64 (La. App. 2 Cir. 2001) (Louisiana physician became disabled due to panic disorder and filed a disability claim with Provident Life/Unum; the court found that insured was “unable to perform the substantial and material duties of his occupation” and was “receiving care by a physician which was appropriate for the condition causing the disability” even though many of his therapy sessions occurred by telephone).

Johnson v. Trustmark Ins. Co., 771 So. 2d 307, 309-10 (La. Ct. App. 2000) (Louisiana surgeon diagnosed with Meniere’s disease filed for disability benefits; the court determined that Dr. Johnson could no longer substantially perform material duties of a clinical surgeon and was totally disabled even though he continued to work as chief of staff at a hospital and in a teaching role as professor of surgery).

Common Disability Claim Questions

What should I expect when filing a disability claim?

What issues am I most likely to face handling my disability insurance claim alone?

Why are disability insurance claims made by physicians, dentists and other professionals especially targeted for denial or termination?

My disability claim was just denied. What should I do now?

What can my insurance company do when it is investigating my claim?

Do insurance companies conduct surveillance and, if so, when are they watching?

Why does my insurer want to conduct a field interview?

How can I tell if I have a true own-occupation policy?

What are the different types of disability policies?

Louisiana Federal District Court Locations

Professional disability claims are often filed in, or removed to, Federal Court given the amounts in controversy. When we work with local counsel to be admitted pro hac vice, we identify the courthouse that is closest to you. Below is a list of the primary Federal Courthouses in Louisiana, but there may be satellite courthouses that are closer to where you live.

New Orleans. 500 Poydras Street, New Orleans, LA 70130.

Baton Rouge. Russell B. Long Federal Building and U.S. Courthouse, 777 Florida Street, Suite 139, Baton Rouge, LA 70801.

Shreveport. 300 Fannin Street, Suite 1167, Shreveport, LA 71101.

Lafayette. 800 Lafayette Street, Suite 2100, Lafayette, LA 70501.

Who Do Your Disability Insurance Attorneys Represent?

The lists below provide a representative overview of the types of professionals we represent, the disability companies we file claims with and litigate against, and a non-exhaustive list of some of the disabling conditions our prior clients have had.

Professionals

Physician Claims & Resources | Dentist Claims & Resources

Disability Insurance Companies

Disabling Conditions

The information provided above is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice.

Every claim is unique and the discussion above is only a limited summary of information that may be relevant to your claim. An experienced disability insurance attorney can help you assess your particular disability claim, or potential disability claim, and determine what options are available to you.

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