North Dakota 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 North Dakota, including the Fargo and Bismarck 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 North Dakota. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.
Does North Dakota Recognize Insurance Bad Faith?
North Dakota does recognize a duty of good faith in insurance contracts. As explained by the Supreme Court of North Dakota, “[a]n insurer has a duty to act fairly and in good faith in its contractual relationship with its policyholders.” Fetch v. Quam, 2001 ND 48, ¶¶ 12-13, 623 N.W.2d 357, 361-62 (internal citations omitted).
More specifically, the Supreme Court of North Dakota has determined that “[t]his duty of good faith imposed on an insurer . . . is implied by law to include a duty of fair dealing in paying claims, providing defense to claims, negotiating settlements, and fulfilling all other contractual obligations.” Id.
Additionally, “[w]hether an insurer has acted in bad faith is ordinarily a factual question to be determined by the trier of fact” and “[a]n insurer acts unreasonably by failing to compensate the insured for a loss covered by the policy, unless the insurer has a proper cause for refusing payment.” 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 North Dakota Disability Insurance Cases
Ingalls v. Paul Revere Life Ins. Grp., 1997 ND 43, 561 N.W.2d 273 (North Dakota railroad switchman applied for disability under his Paul Revere/Unum policy after a partial amputation of his right foot in a railroad accident, resulting in four surgeries within a period of two years; Paul Revere/Unum paid one year of benefits, then offered a reduced lump-sum settlement which the policyholder declined; one year later, Paul Revere/Unum told him that they were rescinding his policy due to misstatements regarding his in the disability insurance policy application, and sued him for the benefits it had previously paid out; a jury determined that Paul Revere/Unum had improperly denied the claim and awarded damages, including damages for mental anguish and exemplary (punitive) damages; Paul Revere/Unum challenged the verdict but the court affirmed the verdict on appeal).
Thomas v. New York Life Ins. Co., 65 N.D. 625, 260 N.W. 605 (1935) (North Dakota policyholder filed a claim under a total and permanent disability policy; in response New York Life rescinded the policy due to misrepresentations made by the policyholder in the initial application for insurance; New York Life based its case on prior applications to the War Risk Bureau where the policyholder had claimed defective hearing, trouble with eyes, rheumatism, and heart problems but did not disclose these on the New York Life application; the court determined that the policyholder had made misstatements and that New York Life had properly cancelled the policy).
Common Disability Claim Questions
North Dakota 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 North Dakota, but there may be satellite courthouses that are closer to where you live.
Bismarck. William L. Guy Federal Building, 220 E. Rosser Avenue, #475, Bismarck, ND 58501.
Fargo. Quentin N. Burdick U.S. Courthouse, 655 1st Avenue, No., #130, Fargo, ND 58102.
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.
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
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
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.