Ohio 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 Ohio, including the Columbus, Cleveland, and Cincinnati 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 Ohio. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.
Does Ohio Recognize Insurance Bad Faith?
The Ohio Supreme Court has stated that “[i]nsurer bad faith is an actionable tort in this state.” Dombroski v. WellPoint, Inc., 2008-Ohio-4827, ¶ 8, 119 Ohio St. 3d 506, 508, 895 N.E.2d 538, 541.
Discussing good and bad faith generally, the Ohio Supreme Court has “rejected the notion that good faith can be disproved only through affirmative proof of a party’s subjective intent to act in bad faith” State ex rel. Ohio Hist. Connection v. Moundbuilders Country Club Co., 2022-Ohio-4345, reconsideration denied, 2022-Ohio-4586, 168 Ohio St. 3d 1477, 199 N.E.3d 561 (internal citations omitted).
The Ohio Supreme Court further elaborated, “[w]e held that in certain situations, good faith can be demonstrated by objective factors such as the party’s full cooperation in the procedural matters of a claim, a rational evaluation of the risks and potential liabilities of a cause of action, and the lack of foot-dragging or other dilatory tactics.” Id. The Court then noted that, “[c]onversely, behavior that is unreasonable, uninformed, or irrational in light of the circumstances can establish a lack of good faith irrespective of the party’s subjective intentions.” Id.
In the insurance context, the Ohio Court of Appeals has explained that “[a]n insurer has a duty to act in good faith towards its insured in carrying out its responsibilities under the insurance policy.” Ballard v. Nationwide Ins. Co., 2015-Ohio-4474, ¶ 28, 46 N.E.3d 170, 175 (internal citations omitted). More specifically, “[a]n insurer fails to exercise good faith in the processing of a claim of its insured where its refusal to pay the claim is not predicated upon circumstances that furnish reasonable justification therefor [sic.].” 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 Ohio Disability Insurance Cases
Johnson v. Ohio Natl. Life Assur. Co., 2014-Ohio-152 (Ohio board-certified OB/GYN filed a total disability claim under his Ohio National disability policy due to psoriatic arthritis; over a period of a few months, he took time off from work, then tried to find a new OB/GYN job, but was only able to find a part-time urgent care position; although his doctors agreed that it was severe enough to prevent him from performing the surgical procedures required of an OB/GYN, the timing of the diagnosis took place while he was working as a part-time urgent care physician; Ohio National determined his “occupation” at the time of disability was urgent care physician, not an OB/GYN, and denied the claim; the court agreed that the physician’s occupation was not OB/GYN and determined he was not totally disabled from being an urgent care physician).
Thompson v. New York Life Ins. Co., No. CA 11416 (Ohio Ct. App. Dec. 4, 1989) (Ohio policyholder who owned a nurse-staffing business filed a disability claim under her New York Life disability insurance policy due to a lower back injury; however, when she initially applied for the policy, she stated that she has not been previously treated for “arthritis, rheumatism, sciatica, gout or other disorder of muscles, bones, joints, back or spine” but had seen an orthopedic surgeon and complained of knee and shoulder pains; New York Life denied the claim and rescinded the policy based on the alleged misstatements in her application; the trial court granted summary judgment in favor of New York Life, but on appeal the appellate court determined that factual questions remained and remanded to the trial court for further proceedings).
Common Disability Claim Questions
Ohio 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 Ohio, but there may be satellite courthouses that are closer to where you live.
Cleveland. Carl B. Stokes U.S. Courthouse, 801 W. Superior Avenue, Cleveland, OH 44113.
Cincinnati. Potter Stewart U.S. Courthouse, 100 E. 5th Street, Room 103, Cincinnati, OH 45202.
Columbus. Joseph P. Kinneary U.S. Courthouse, 85 Marconi Boulevard, Room 121, Columbus, OH 43215.
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.