What is the test for an employee to claim a disability insurance policy where they are not able to work?

California, United States of America


The following excerpt is from Callahan v. Mutual Life Ins. Co. of New York, 71 Cal.App.4th 1089, 84 Cal.Rptr.2d 342 (Cal. App. 1999):

Citing Bower v. Roy-Al Corp. (1973) 33 Cal.App.3d 1027, 109 Cal.Rptr. 612, appellant argues that a sickness is "not manifest until the disease or physical condition has demonstrated distinct symptoms and progressed to a point sufficient to prevent the insured from being able to work." She points out that she continued to work for four years after the policy was issued.

Other Questions


Is a policy of insurance that does not cover an accident which occurs when a person, other than the insured, is driving with the permission and consent of the insured a violation of the public policy of this state? (California, United States of America)
What is the test of good faith and fair-dealing in the context of an insurance policy where the insurer is required to hire an attorney to defend the insured against the insured? (California, United States of America)
Is it a violation of public policy of this state for an insurer to issue a policy of insurance which does not cover an accident which occurs when other than the insured is not an accident? (California, United States of America)
When a contractor recommended by and whose work is guaranteed by a homeowner's insurer has failed to perform adequately, can the insured sue the contractor or the insurer? (California, United States of America)
Is an insurer's unconditional defense of an action brought against its insured a waiver of the terms of the policy and estoppel of the insurer to assert such grounds? (California, United States of America)
Is a motor vehicle insurance policy that includes a policy of insurance that includes uninsured motorist coverage precludes stacking of uninsured motor vehicle coverages? (California, United States of America)
Can an insured recover contract damages for bad faith failure to settle a claim against the insured within the policy limits? (California, United States of America)
Can you obtain benefits from a second insurance policy on the same claim when recovery from the first policy would alone be inadequate? (California, United States of America)
How have the courts interpreted estoppel provisions in a life insurance policy where the insurer knew that the insured's representation concerning prior illnesses was false? (California, United States of America)
Can an insurer deny a plaintiff's claim that she was induced to delay, or delay, filing a claim against the insurer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.