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

Does Kentucky Recognize Insurance Bad Faith?

Kentucky recognizes several bases for insurer bad faith. As explained by the Kentucky Supreme Court, “bad faith claims against an insurer can be premised on common law” but “can also be based on either or both of two Kentucky statutes: the Kentucky Consumer Protection Act, KRS 367.170, and the UCSPA, KRS 304.12-230.” Indiana Ins. Co. v. Demetre, 527 S.W.3d 12, 26 (Ky. 2017).

The Kentucky Supreme Court has determined that the “test applicable to all bad faith actions” contains three elements. Id. “The three required elements are: (1) the insurer must be obligated to pay the claim under the terms of the policy; (2) the insurer must lack a reasonable basis in law or fact for denying the claim; and (3) it must be shown that the insurer either knew there was no reasonable basis for denying the claim or acted with reckless disregard for whether such a basis existed.” 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 Kentucky Disability Insurance Cases

Pogue v. Principal Life Ins. Co., No. 3:14-CV-599-CHB (W.D. Ky. Aug. 2, 2021) (Kentucky physician with anxiety filed a disability claim; Principal argued and the Court agreed that Dr. Pogue was legally, not factually, disabled, because he did not stop working until there was an ongoing investigation that resulted in the suspension of his medical license).

Card v. Principal, 790 Fed.Appx. 730 (U.S. Ct. of App. 6th Cir. Oct. 31, 2019) (Kentucky nurse became disabled due to chronic lymphocytic leukemia; she had supportive doctors who indicated that she would not need regular, ongoing treatment because of the nature of her condition; the court held that Principal was not required to give more weight to claimant’s treating provider’s opinion, but could not arbitrarily refuse to consider the opinion).

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?

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

Lexington. 101 Barr Street, Lexington, KY 40507.

Louisville. 601 W. Broadway, Louisville, KY 40202.

Bowling Green. 241 E. Main Street, Bowling Green, KY 42101.

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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