Understanding and Handling Long Term Disability Liens
CLEs You Actually Want to Hear by Beverly Hills Bar Association
Episode notes
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.
Keywords
CLEBHBAMCLELegal Updates