L-Disability Claims

Life and Disability Insurance Dispute Attorneys Helping Louisville Clients

Strong advocacy for beneficiaries of Kentucky life and disability insurance policies

You might think that a life insurance claim is straight forward. The policyholder passes away and their beneficiaries receive the proceeds from the policy, for which the deceased had been paying premiums for decades. This transaction happens for thousands of people each year, and most life insurance companies pay out on most life insurance policies. However, there are those occasions where the insurance company withholds the proceeds of an insurance policy, which is confusing for the beneficiaries and a source of much frustration and stress.

At McWherter Scott Bobbitt, our insurance dispute attorneys fight for clients who have already suffered the devastating loss of a loved one, and now they feel that the insurance company is not doing the right thing. Whether their claim has been delayed, offered an unfairly low settlement or their claim was outright denied, we review your policy documents, and work with the insurance company to make sure that you receive the proceeds of your policy and any additional damages due to you.

Kentucky life insurance companies

Here is a list of a few of the life insurance companies that serve our clients in Louisville and throughout the state:

  • Aetna Life Insurance
  • American Family Insurance
  • Federated Life Insurance
  • Gerber Life Insurance
  • Hartford Life Insurance
  • Massachusetts Mutual Life Insurance
  • Nationwide Life Insurance
  • New York Life Insurance
  • Northwestern Mutual Life Insurance
  • Physicians Mutual Life Insurance
  • Sentry Life Insurance
  • Standard Life Insurance
  • Unum Life Insurance
  • Western and Southern Life Insurance


Considerable Legal Skills
"I also want to share with you that because of the completeness of your preparation, your considerable legal skills and your force of character(s), I have no doubt that had we found it necessary to go to trial – we would have won the day."

Mary McNally

Considerable Legal Skills
"I also want to share with you that because of the completeness of your preparation, your considerable legal skills and your force of character(s), I have no doubt that had we found it necessary to go to trial – we would have won the day."

Mary McNally

How does Kentucky insurance law protect my policy?

State law governs and regulates the insurance industry, and each state is responsible for protecting consumers from unscrupulous business practices.  The Kentucky Department of Insurance is responsible for oversight of the insurance industry in Kentucky, and Chapter 304 of the Kentucky Revised Statues contains the primary body of law along with the common laws that regulate the insurance industry.

The mission of the Kentucky Department of Insurance is to "promote sound, competitive insurance markets, protect the public through effective enforcement regulations, and empower the public through outreach and education." The insurance department website has a form where consumers can file a complaint against an insurance company, or report insurance fraud.

Additionally, the state of Kentucky has established a guaranty association, which is made up of all licensed life, accident and health insurance companies in the state. If a member of the association is found to be insolvent, the guaranty association will protect policyholders up to policy limits. The guaranty association gets its funding from a tax that the insurance companies pay, which funds the insurance department and it guarantees payments to policyholders.

What are exclusion clauses in life insurance policies?

A life insurance policy does not cover every way a person can die. They typically have exclusion clauses, which delineate those forms of death that the policy excludes. For example, many insurance policies will not pay if the deceased committed suicide. Another common exclusion is if the policyholder dies too soon after the policy is taken out. Some policies have a two-year waiting period. If you were to die jumping out of an airplane, the policy may not cover your death, and if it turns out that you died of a terminal disease and did not disclose it, your beneficiaries may not receive the proceeds of the policy.

What are some important things to know about disability insurance?

Many people do not give much thought to how much their lifestyle depends on their continued good health. One major illness or accident can create unforeseen financial disaster when you are unable to work to support yourself and your family. Private disability insurance pays benefits to employees who are unable to work due to non-work-related accidents or illnesses. Disability insurance can cover workers who are not eligible to receive workers' compensation, or it may supplement workers' compensation benefits, which are a partial wage-replacement benefit. Some employers may provide disability insurance for their employees.

Short-term disability insurance. As with any other type of insurance, you must have a policy in place before you need to use it. Short-term disability policies cover employees who become ill, suffer an injury or become pregnant and cannot work.

Long-term disability insurance is designed to protect an employee when they are unable to work due to an injury or illness for longer time, and the premiums may be tax-deductible.

When you become disabled and file a claim for benefits, there is a waiting period before you can receive benefits which can range from 30-90 days or longer depending on the policy.

What can an insurance dispute attorney do to help my case?

If your disability insurance is through your employer, any dispute regarding delayed or denied claim is governed by ERISA, which is the Employee Retirement Income Security Act of 1974. This law established standards for life and disability and other insurance products available through your employer. If your ERISA disability claim is delayed or denied, the law requires that you file a written appeal before you can sue the insurance company. When you work with an experienced insurance dispute attorney at McWherter Scott Bobbitt, you can be confident in our experience in dealing with the complexities of ERISA claims. We take on the legal burden of negotiating with the insurance company and we advocate for your right to recover the insurance benefits due to you when you become disabled.

Despite how complicated the language in your policy seems to be, we can review your policy and protect you from the unfair practices of an insurance company that is more concerned about profit than they are about protecting their insureds. We hold the insurance company accountable to uphold their end of the contract. Whether we settle the case or take it to trial, it is our priority to put our Louisville clients’ needs first. Always.

Schedule a consultation with a professional insurance dispute attorney serving Kentucky

McWherter Scott Bobbitt has represented Kentucky policyholders in disputes against local and national insurers. If you were denied payment on your policy, or the insurance company is dragging its feet, we are here to help you secure what is rightfully yours. To schedule a consultation at our Louisville office, please call Clint Scott (licensed in Kentucky), Brandon McWherter (not licensed in Kentucky), or Jonathan Bobbitt (not licensed in Kentucky) at 731-664-1340 or fill out our contact form for an appointment.