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The Disability Wiki

Welcome!  The Disability Wiki is an internet-based resource that addresses in one place your questions and concerns about disability benefits, disability insurers, your illness, your occupation, and filing a claim, appeal or litigation.  In other words, a "Wikipedia" for disability claims.  If you would like to automatically receive new posts, please subscribe below.

 

 

Category: Policies - Discretionary Authority

NYS to Prohibit Discretionary Clauses

News Standard of Review Policies Discretionary Authority

The New York State Insurance Department has issued a proposed regulation prohibiting insurers from placing discretionary clauses in insurance policies. This regulation is hugely important to long term disability claimants. If this regulation becomes law, it would enable courts to fully scrutinize the claim determinations of insurance companies. Under the current law, a court will only overturn a claim denial if the insurance company's determination is an abuse of discretion. This regulation would constitute a turning point in this area of the law.

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