Plaintiff, a dentist, applied for benefits through his disability insurance policy after his hip and back became impaired. The insurer initially paid benefits while plaintiff’s claim was reviewed but terminated those benefits after finding that plaintiff did not meet the definition of “total disability” because he was working part-time as a teacher. Plaintiff filed a lawsuit under the Illinois Insurance Code. The district court entered judgment for the defendant and plaintiff appealed. The Seventh Circuit affirmed, finding that plaintiff did not meet the definition of “total disability” where he was earning a post-disability income that was higher than the median wage in the state, which supported the conclusion that he was gainfully employed and able to earn a reasonable living. (ST. EVE and LEE, concurring)
Federal 7th Circuit Court
Civil Court
Disability Insurance Coverage