West Virginia 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 West Virginia, including the Charleston and Huntington 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 West Virginia. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.

Does West Virginia Recognize Insurance Bad Faith?

West Virginia does recognize insurer bad faith in certain circumstances. As explained by the West Virginia Supreme Court of Appeals, “[a] first-party bad faith action is one wherein the insured sues his/her own insurer for failing to use good faith in settling a claim . . . filed by the insured.” Loudin v. Nat’l Liab. & Fire Ins. Co., 228 W. Va. 34, 38, 716 S.E.2d 696, 700 (2011) (internal citations omitted). West Virginia “recognizes the right of an insured first-party to bring a bad faith cause of action against his/her insurer under the common law and the West Virginia Unfair Trade Practices Act.” Id.

The West Virginia Supreme Court has also determined that, in West Virginia, “an insurer is not liable for punitive damages by its refusal to pay on a claim unless such refusal is accompanied by a malicious intention to injure or defraud.” Hayseeds, Inc. v. State Farm Fire & Cas., 177 W. Va. 323, 330, 352 S.E.2d 73, 80 (1986), holding modified by Miller v. Fluharty, 201 W. Va. 685, 500 S.E.2d 310 (1997).

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.

Notably West Virginia Disability Cases

Frye v. Metro. Life Ins. Co., No. CIV.A. 3:10-0107, 2010 WL 5343287, at *2 (S.D.W. Va. Dec. 20, 2010) (West Virginia restaurant employee filed a disability claim with MetLife based on musculoskeletal headaches and lower back pain; MetLife approved benefits for a short time and then terminated her claim; the court determined that MetLife acted improperly, reversed the denial of short-term disability benefits, and allowed the policyholder to formally file a claim for long-term disability benefits with MetLife).

Roberts v. Am. Elec. Power Long-Term Disability Plan, No. CIV. A. 3:07-0593 (S.D.W. Va. July 19, 2010) (West Virginia lineman for power company filed disability claim after falling from a forty-five foot power-pole and injuring his back; disability company terminated benefits after paying for 17 years, briefly reinstated benefits, then terminated the claim a second time a few months later due to conflicting medical opinions; the court determined that this was not an abuse of discretion and upheld the denial).

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?

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

Wheeling. Frederick P. Stamp, Jr. Federal Building and U.S. Courthouse, 1125 Chapline Street, Wheeling, WV 26003.

Charleston. Robert C. Byrd U.S. Courthouse, 300 Virginia Street, E., Suite 2400, Charleston, WV 25301.

Huntington. Sidney L. Christie U.S. Courthouse and Federal Building, 845 Fifth Avenue, Room 101, Huntington, WV 25701.

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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