Life & Disability

In the current litigation climate, disputes over individual life and disability policies are virtually synonymous with first-party bad faith litigation. Traps for the unwary abound.

Litigating and resolving these first-party disputes requires not only knowledge of the underlying substantive law, but recognition of the tactics commonly employed by the life and disability plaintiffs’ bar.

Having litigated thousands of these types of matters, Barger & Wolen’s life, health and disability litigators have the experience and knowledge to traverse these roads. The firm is nationally recognized not simply for our vast experience in this field, but for our significant successes — before trial, at trial and on appeal. Our life and disability insurance litigation experience is without equal, encompassing virtually every issue for every type of policy issued within the last forty years, including:

  • Rescission, first and third party coverage litigation
  • STOLI rescission and defense
  • STOLI class action
  • Failure to pay premiums, estoppel and waiver
  • Disputed lapse, alleged improper notice
  • Rescission for application misrepresentation
  • Twisting and post-claim underwriting claims
  • Appropriate/regular care
  • Total/partial disability
  • Accident vs. sickness
  • Business overhead expense
  • Conditional receipt
  • Churning
  • Agent/Producer misrepresentation
  • Suicide
  • Annuities – misrepresentation, overpayment
  • Suitability
  • Competing claims, interpleaders
  • Risk of disability
  • Objective/Subjective evidence
  • Legal disability
  • Occupation vs. job
  • Mental/nervous limitation
Reputation. Credibility. Character.