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Mark DeBofsky
Chicago Attorney. Employee Benefits/ERISA and Insurance
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Mark DeBofsky Aug 14
There is a rule in insurance law that ambiguities in insurance contracts must be construed in favor of he policyholder. In a new article published in the Chicago Daily Law Bulletin, we describe how that rule has severe consequences -
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Chicago Daily Law Bulletin Aug 12
Workplace Issues: Ambiguous wording in business travel accident insurance policy costs insurer additional $4M for death during commercial airline flight
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Mark DeBofsky Aug 6
Federal judge finds health insurer breached ERISA fiduciary duty and violated Illinois law -
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Mark DeBofsky Jul 31
Why it's important to 'make your record'
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Mark DeBofsky Jul 16
Mark DeBofsky will be speaking at the American Bar Association Joint Committee on Employee Benefits Advanced ERISA Litigation program in Chicago, Illinois on October 18, 2019 on how to write and argue a successful appeal in an ERISA case. Details at
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Mark DeBofsky Jul 15
How To Challenge a Disability Insurance Denial?
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Mark DeBofsky Jul 15
A recent decision from the 7th Cir. - Fessenden v. Reliance Standard - makes it clear that deadlines in ERISA claims must be strictly met. Our article on the ruling was published by the Chicago Daily Law Bulletin and is available at
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Mark DeBofsky Jul 1
A Primer on Behavioral Health Residential Treatment Cases
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Mark DeBofsky Jun 27
Ruling holds cause of disability not necessary to claim benefits via
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Mark DeBofsky Jun 15
Deficient vocational review leads to remand
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Mark DeBofsky Jun 12
We won an appeal in the U.S. Court of Appeals for the Seventh Circuit today - Lacko v. United of Omaha -
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Chicago Daily Law Bulletin Jun 6
Workplace Issues: The outcome of many disability insurance cases depends on the court’s assessment of the claimant’s credibility since symptom complaints are difficult to objectively verify
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Mark DeBofsky May 30
Does returning to work following an injury invalidate a later claim? No, according to a recent court ruling covered in our article titled, "Returning to work post injury doesn't invalidate disability claim," Chicago Daily Law Bulletin, May 29, 2019 -
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Chicago Daily Law Bulletin May 29
Workplace Issues: Does working after suffering an injury invalidate a subsequent disability insurance claim? According to a recent U.S. District Court ruling from Florida, the answer is no.
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Mark DeBofsky May 27
What is the Meaning of "Regular Occupation" in a Disability Insurance Policy?
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Mark DeBofsky May 6
Is death resulting from autoerotic asphyxiation a self-inflicted injury?
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Mark DeBofsky Apr 19
Social media no substitute for sound medical records
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Chicago Daily Law Bulletin Apr 18
Workplace Issues: When an insurer improperly denies a claim for benefits based on an unjustified reliance on social media postings, claimant may be able to turn the tables on the insurance company
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Mark DeBofsky Apr 12
The Chicago Daily Law Bulletin recently published my article on the meaning of what constitutes a "full and fair" review in an ERISA claim appeal -
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Chicago Daily Law Bulletin Apr 11
Workplace Issues: What does 'full and fair' review of disability benefits claim actually mean?
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