Understanding and Handling Long Term Disability Liens

About this episode

Donald M. de Camara discusses how long-term disability insurers assert liens against personal-injury recoveries and the legal implications involved.

Donald M. de Camara of the Law Offices of Donald M. de Camara will walk through how long-term disability insurers assert liens against personal-injury recoveries, focusing on the "Other Income" provisions commonly buried in LTD policies. Drawing on key ERISA precedent and recent federal case law -- including Barnes v. Independent Auto Dealers Assn. H&B Plan, Aetna Health of Cal., Inc. v. Cianciulli, and Milam v. American Elec. Power LTD Plan -- he will explain when the make-whole rule applies, how self-funded versus insured plans affect lien enforceability, and what defenses are available under ERISA, the California Insurance Code and Civil Code provisions.

People in this episode

Guest: Donald M. de Camara

Topics covered

• long term disability
• liens
• personal injury
• ERISA
• California Insurance Code
• Civil Code

Keywords

• long-term disability
• liens
• personal injury recovery
• ERISA
• California Insurance Code
• Civil Code
• insurance policies
• make-whole rule

Mentioned in this episode

Organizations: Law Offices of Donald M. de Camara

Books & works: Barnes v. Independent Auto Dealers Assn. H&B Plan, Aetna Health of Cal., Inc. v. Cianciulli, Milam v. American Elec. Power LTD Plan

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