Montana 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 Montana, including the Billings and Missoula 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 Montana. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.

Does Montana Recognize Insurance Bad Faith?

Montana does recognize bad faith, and the Montana Supreme Court has held that “[a]n insurance company’s ‘duty to act in good faith with [its] insureds . . . exists independent of the insurance contract and independent of the [state’s] statute[s].’” White v. State ex rel. Montana State Fund, 2013 MT 187, ¶ 24, 371 Mont. 1, 7, 305 P.3d 795, 802 (internal citations omitted).

However, “[u]nder Montana common law, an insurer cannot be held liable for bad faith in denying a claim if the insurer had a reasonable basis for contesting the claim or the amount of the claim.” Id. The Montana Supreme Court has also recognized Montana’s statute prohibiting bad faith claims based solely on the “handling of an insurance claim.” See Williams v. Union Fid. Life Ins. Co., 2005 MT 273, ¶ 54, 329 Mont. 158, 171, 123 P.3d 213, 222.

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 Montana Disability Insurance Cases

Sand-Smith v. Liberty Life Assurance Co. of Bos., No. CV 17-0004-BLG-SPW (D. Mont. Sept. 20, 2017) (Montana insurance agent filed for disability benefits with Liberty due to bipolar disorder; Liberty approved the claim but asserted that it only had to pay 24 months of benefits under a mental health limitation provision; the policyholder sued, claiming this provision violated Montana’s mental health parity law; the court determined that the law did encompass benefits for lost wages and did not exclude long-term disability coverage).

Tolstedt v. Standard Ins. Co., No. CV 12-30-BLG-DLC (D. Mont. June 24, 2013) (Montana trial attorney filed a disability claim with Standard due to depression, heart attack and multiple heart surgeries; Standard paid benefits for 24 months, then told him that no further benefits were owed under the policy due to the policy’s Mental Disorders Limitation provision, asserting that the claim was a claim based on “stress” and depression; the court determined that the trial attorney’s cardiologist had established that the disability was not solely a mental health claim, as the cardiologist had opined that a return to work as a trial attorney would create an unacceptable risk of another heart attack due to the underlying heart condition).

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?

Montana 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 Montana, but there may be satellite courthouses that are closer to where you live.

Billings. James F. Battin Federal Courthouse, 2601 2nd Avenue N., Billings, MT 59101.

Missoula. Russell Smith Federal Courthouse, 201 E. Broadway, Missoula, MT 59802.

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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