New Jersey 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 New Jersey, including the Newark, Jersey City, and Trenton 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 New Jersey. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.

Does New Jersey Recognize Insurance Bad Faith?

New Jersey recognizes bad faith as an intentional tort. As explained by the Supreme Court of New Jersey, “[a]ll contracts impose an implied obligation of good faith and fair dealing in their performance and enforcement.” Badiali v. New Jersey Mfrs. Ins. Grp., 220 N.J. 544, 553–55, 107 A.3d 1281, 1287–88 (2015) (internal citations omitted). In New Jersey, “[g]ood faith is generally defined as ‘honesty in fact in the conduct or transaction concerned.’” Id.

Additionally, the Supreme Court of New Jersey has held that “[t]he good faith obligations of an insurer to its insured run deeper than those in a typical commercial contract.” Id. “Unlike with a typical commercial contract, in which ‘[p]roof of bad motive or intention’ is vital to an action for breach of good faith, an insurer’s breach of good faith may be found upon a showing that it has breached its fiduciary obligations, regardless of any malice or will.” Id.

Whether an insurer has acted in bad faith therefore “must depend upon the circumstances of the particular case” Id. Bad faith “cannot be established through simple negligence” and “mere failure to settle a debatable claim does not constitute bad faith.” Id. “Rather, to establish a first-party bad faith claim for denial of benefits in New Jersey, a plaintiff must show ‘that no debatable reasons existed for denial of the benefits.’” 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 New Jersey Disability Insurance Cases

Selbst v. Certain Underwriters At Lloyd’s London, No. A-5140-03T3 (N.J. Super. Ct. App. Div. Sept. 21, 2005) (New Jersey stock trader filed a disability claim under her Lloyd’s of London disability policy due to depression and insomnia; Lloyd’s paid monthly benefits but refused to pay the $1,000,000 lump sum for permanent and total disability after the stock trader was accepted to law school and her law school application “personal statement” suggested that she had voluntarily left stock trading and was making a personal choice not to go back; the jury found she was not permanently and totally disabled from her prior occupation and the court upheld the verdict on appeal).

Weinstein v. Mut. Ben. Life in Rehab., 313 N.J. Super. 609, 713 A.2d 569 (App. Div. 1998) (New Jersey policyholder filed for disability based upon a severe lower back condition; while investigating the claim, the insurer learned that the policyholder had previously underwent a right medial meniscectomy that was not disclosed on his disability insurance application and that he had overstated his annual income on the same application; the company denied the claim and the trial court determined that the company could not void the policy because the misstatements didn’t have to do with the disabling condition; the appellate court reversed, determining that the insurer simply had to prove that the misstatements were relevant to the “hazard assumed” and that the insurer had met this burden).

Peterson v. Hartford Acc. & Indem. Co., 32 N.J. Super. 23, 107 A.2d 668 (App. Div. 1954) (New Jersey carpenter filed for disability benefits after falling 20 feet and fracturing both wrists, suffering injuries to his hands, arms and right elbow, and internal bleeding; Hartford paid total disability benefits for two years and then terminated benefits; the trial court determined that he had been totally disabled for the timeframe in question and the appellate court affirmed on appeal).

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?

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

Newark. Martin Luther King Building and U.S. Courthouse, 50 Walnut Street, Newark, NJ 07102.

Trenton. Clarkson S. Fisher Building & U.S. Courthouse, 402 E. State Street, Trenton, NJ 08608.

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

Anesthesiologists | Attorneys | Cardiologists | Chief Medical Directors | Chiropractors | Commercial Real Estate Brokers | Corporate Executives | Emergency Medicine | Endodontists | Gastroenterologists | General Dentists | Gynecologists | Internal Medicine | Neurologists | Neurosurgeons | Obstetricians | Ophthalmologists | Oral Surgeons | Orthodontists | Orthopedic Surgeons | Otolaryngologists | Physical Therapists | Podiatrists | Professional Athletes | Prosthodontists | Psychiatrists | Psychologists | Pulmonologists | Radiation Oncologists | Radiologists | Rheumatologists | Veterinarians

Physician Claims & Resources | Dentist Claims & Resources

Disability Insurance Companies

Aetna | AIG | Allstate | Anthem | American General | Ameritas | Berkshire Insurance Group | Boston Mutual | Cigna/LINA | Colonial Life | Connecticut General | Davies Life & Health/Disability Management Services, Inc. | Disability Reinsurance Management | First Unum | Fortis | Great West | Guardian Life | Hartford | Jefferson | John Hancock | Liberty Mutual | Lloyd’s of London | Mass Casualty | Mass Mutual | MetLife | Monarch | Mutual of Omaha | National Life of Vermont | New York Life | New England Life | Northwestern Mutual Life | Ohio National | Paul Revere | Penn Mutual | Phoenix Life Insurance | Principal Life | Provident | Prudential | Reassurance America | Reliance | Reliance Standard | Sedgwick | Standard | Sun Life | The Equitable Life | Transamerica | Trustmark | Trustmark Disability Advisors | Union Central | Unum | UnumProvident

Disabling Conditions

Aneurysms | Anxiety/Panic Attacks | Angina Pectoris/Ischemia | Arthritis (Osteo, Psoriatic, Rheumatoid) | Atrial Fibrillation (AF) | Autoimmune Disorders | Bipolar Disorder | Brachial Plexus Injuries | Bulging Discs (Cervical/Lumbar) | Bursitis | Cancer | Carpal Tunnel Syndrome (CTS) | Cervical/Neck Pain | Crohn’s Disease/IBD | Complex Regional Pain Syndrome | Congestive Heart Failure | Coronary Artery Disease | Deep Vein Thrombosis (DVT) | Degenerative Disc Disease (DDD) | Dislocated Elbow/Shoulder | Dislocated Hip/Hip Replacement | Epstein-Barr Virus (EBV) | Essential Tremors | Focal Dystonia | Ganglion Cysts | Glaucoma | Hand/Arm Pain – NOS | Head Trauma/Cognitive Difficulties | Hearing Loss | Herniated Discs (Cervical/Lumbar) | Ligament Tears | Long-Haul COVID | Lumbar/Back Pain | Lyme Disease | Major Depressive Disorder (MDD) | Macular Degeneration | Meniere’s Disease | Migraines | Multiple Sclerosis (MS) | Musculoskeletal Disorders | Myasthenia Gravis (MG) | Myelopathy (Cervical/Lumbar) | Myofascial Pain Syndrome | Nerve Impingement/Entrapment | Neuroma | Orthostatic Hypertension/Hypotension | Osteoarthritis | Paresthesia/Dysesthesia | Parkinson’s Disease | Posterior Tibial Tendon Dysfunction | Post-Traumatic Stress Disorder (PTSD) | Posterior Tibial Tendon Dysfunction | Posterior Vitreous Detachment (PVD) | Radiculopathy (Cervical/Lumbar) | Repetitive Stress Injuries | Retinal Detachment/Floaters | Rotator Cuff Injury/Tears | Sciatica | Scoliosis | Serotonin Syndrome | Shoulder/Back/Neck Pain – NOS | Sleep Apnea | Spondylolisthesis | Spondylosis | Stenosis (Spinal/Foraminal) | Stroke | Thoracic Outlet Syndrome (TOS) | Traumatic Injuries | Tumors | Ulnar Neuropathy | Vertigo/BPPV | Visual Impairment

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.