Wisconsin 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 Wisconsin, including the Milwaukee, Madison, and Green Bay 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 Wisconsin. If you would like to learn more about the disability claim process or insurance bad faith in other states, please visit our homepage.
Does Wisconsin Recognize Insurance Bad Faith?
Wisconsin does recognize insurer bad faith. As explained by the Supreme Court of Wisconsin, “[b]ad faith sounds in tort, not in contract,” and it constitutes “a separate intentional wrong, which results from a breach of duty imposed as a consequence of the relationship established by contract.” Dufour v. Progressive Classic Ins. Co., 2016 WI 59, ¶¶ 53-54, 370 Wis. 2d 313, 340-41, 881 N.W.2d 678, 691 (internal citations omitted). This means that “[a] bad faith claim is a separate and distinct cause of action from an insured claiming that the insurer breached its insurance contract.” Id.
In Wisconsin, in order to prevail on a bad faith claim, an insured “must show all of the following: [1] ‘that there is no reasonable basis for the insurer to deny the insured’s claim for benefits under the policy’ [2] that the insurer knew of or recklessly disregarded the lack of a reasonable basis to deny the claim [3] some breach of contract by an insurer is a fundamental prerequisite for a first-party bad faith claim against the insurer by the insured.” 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 Wisconsin Disability Insurance Cases
Zall v. Standard Ins. Co., 21-CV-19-slc (W.D. Wisc. Dec. 27, 2021) (Wisconsin dentist and co-owner of dental practice filed a disability claim with Standard; Dr. Zall’s policy contained an “other limited conditions” exclusion that limited recovery for musculoskeletal conditions, and Standard argued that the exclusion prevented him from recovering benefits; the court agreed with Standard and upheld the denial).
Meyer v. Metro. Life Ins. Co., No. 07-C-649 (E.D. Wis. July 14, 2008) (Wisconsin school teacher filed a disability claim with MetLife due to anxiety, insomnia and depression; MetLife denied the claim based in part on the fact that the teacher had applied for a tutoring job and taking a graduate course; the court upheld MetLife’s denial determining that the physician support was solely based on the teacher’s claims that she could not work rather than an independent assessment of her mental status).
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?
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?
Wisconsin 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 Wisconsin, but there may be satellite courthouses that are closer to where you live.
Milwaukee. 517 Wisconsin Avenue, Room 362, Milwaukee, WI 53202.
Green Bay. Jefferson Court Building, 125 S. Jefferson Street, Room 102, Green Bay, WI 54301.
Madison. 120 N. Henry Street, Room 320, Madison, WI 53703.
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
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
Physician Claims & Resources | Dentist Claims & Resources
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
Disabling Conditions
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.