Kansas 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 Kansas, including the Wichita, Overland Park, and Kansas City 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 Kansas. If you’d like to discuss your particular claim with our attorneys, we are happy to set up a free consultation.

Does Kansas Recognize Insurance Bad Faith?

The Supreme Court of Kansas has determined that Kansas does not need to recognize a tort of bad faith. As explained by the Court, “[t]he [Kansas] legislature has recognized the public interest nature of the insurance industry and has also recognized policy holders require protection because of their inequitable bargaining position.” Spencer v. Aetna Life & Cas. Ins. Co., 227 Kan. 914, 926, 611 P.2d 149, 158 (1980).

Moreover, in the Supreme Court of Kansas’s view “[t]he penalties, including fines and imprisonment, and imposition of attorneys’ fees are adequate to protect the public from the actions of a recalcitrant insurer in first party cases.” Id.

The Court did not entirely rule out other remedies beyond the legislative remedy, but concluded that “in the absence of a more definitive showing of inadequacy of the remedy than we have before us at this time, we hold the remedies are adequate to force compliance with the terms of insurance contracts.” 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 Kansas Disability Insurance Claims

Winfrey v. Hartford Life & Acc. Ins. Co., 127 F. Supp. 3d 1153 (D. Kan. 2015) (Kansas marketing and sales representative filed a disability claim with Hartford due to lumbar degenerative disc disease and ongoing complications following a laminectomy; Hartford was dissatisfied with the treating physician’s support, conducted a peer medical file review, and denied the claim stating that the post-laminectomy syndrome could not be objectively verified; the court upheld the denial)

Bowling v. Metro. Life Ins. Co., No. 05-1106 (D. Kan. Mar. 15, 2006) (Kansas policyholder filed a disability claim with MetLife after spine decompression surgery and a spinal fusion; MetLife initially paid benefit but then terminated the claim two years two later claiming that it did not owe any more benefits because the disability was caused by a neuromusculoskeletal disorder without evidence of radiculopathy; the court determined that there was no objective proof of radiculopathy 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?

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

Kansas City. Robert J. Dole Courthouse, 500 State Street, Kansas City, KS 66101.

Topeka. 444 S.E. Quincy, Topeka, KS 66683.

Wichita. 401 N. Market, Wichita, KS 67202

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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