Georgia 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 Georgia, including the Atlanta, Augusta and Macon 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 Georgia. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.

Does Georgia Recognize Insurance Bad Faith?

Georgia’s Supreme Court has recognized that “every contract implies a covenant of good faith and fair dealing which modifies and becomes part of the contract itself.” GEICO Indem. Co. v. Whiteside, 311 Ga. 346, 350-51, 857 S.E.2d 654, 660-62 (2021) (internal citations omitted).

Additionally, under Georgia statute “OCGA § 33-4-6, an insurer is subject to imposition of a penalty and attorney fees if it refuses in bad faith to pay a covered loss ‘within 60 days after a demand has been made by the holder of the policy.’” J. Smith Lanier & Co. v. Se. Forge, Inc., 280 Ga. 508, 510, 630 S.E.2d 404, 406-07 (2006) (internal citations omitted). However, bad faith claims “are available only as between insureds and their insurers” and in Georgia, in “insurer” is “defined by OCGA § 33-1-2(4) as ‘any person engaged as indemnitor, surety, or contractor who issues . . . contracts of insurance by whatever name called.’” 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 Georgia Disability Insurance Cases

Sisung v. Unum Life Ins. Co., No. 1:20-cv-00497-WMR (11th Cir. June 1, 2022) (Georgia pharmacist became disabled due to a spine injury and ongoing neck and back pain that was severe enough to require radiofrequency ablation, in addition to physical therapy and pain medications; Unum improperly refused to factor in her cognitive deficits during “any occupation” period and failed to conduct an Independent Medical Examination).

Pomerance v. Berkshire Life Insurance Company of America, 654 S.E.2d. 638 (2007) (Georgia OB/GYN with a degenerative knee condition and could not stand for long periods of time filed for disability because he could no longer perform deliveries or hospital surgeries; Berkshire denied total disability benefits, arguing he was only partially disabled because he could still perform one of his “substantial” duties, namely office visits; the court determined that “substantial” meant “having the quantitative meaning of ‘considerable in quantity’ or ‘significantly great’ in amount” and remanded the case to the trial court to determine whether Dr. Pomerance met this definition).

Giddens v. Equitable Life Assurance Society of U.S., 445 F.3d 1286 (11th Cir. 2006) (Georgia dentist and real estate developer/investor with numerous health problems including cryogenic cirrhosis filed for disability; the court held that dentistry was not his “regular occupation” for purpose of definitional provision in disability policy but that uncontroverted medical evidence established he was unable to perform most of substantial and material duties of his regular occupation as a real estate developer).

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?

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

Macon. 475 Mulberry Street, Macon, GA 31201.

Atlanta. Richard B. Russell Federal Building & United States Courthouse, 2211 United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303.

Augusta. 600 James Brown Boulevard, August, GA 30901.

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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