Bonny G. Rafel announces that she recently convinced US Life to reinstate the Business Overhead Insurance benefits to her client, an orthopedic surgeon, after denying benefits on the basis that he can still perform the duties of an orthopedist in an office based setting. The insurance policy was issued through the American Medical Association, and provides important business overhead expense insurance coverage to doctors who become unable to perform the material and substantial duties of their occupation due to disability. The company determined that the doctor was not totally disabled but only residually disabled, which did not obligate them to pay the benefits. Ms. Rafel argued that the specialty practice of her orthopedic surgeon client was conducting surgery and his inability to perform this crucial task qualified him for benefits, even though he could continue with his office practice and his income may not be affected.
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