Occupational disability insurance: total vs. residual

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted July 3, 2018 11:00 AM

In today’s case, the 7th U.S. Circuit Court of Appeals explains the difference between total disability and residual disability benefits in insurance policies and the requirements for each to apply.In Fiorentini v. Paul Revere Life Insurance Co., 2018 WL 3059078 (7th Cir. 2018), Henry Fiorentini, owner and president of Panatech Inc., a small technology company, lost his right ear due to cancer. He applied for and received total disability benefits from Paul Revere Life Insurance Co. for five years. Surgeries and …

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