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LTD Claims Based Upon Increased Risk of Severe Illness Due to COVID-19


Session Description: 

The purpose of the presentation is to analyze how courts are likely to analyze long term disability claims. The presentation will entail an analysis of how courts have handled LTD claims based on the insured’s immunocompromised status, and an application of those principles to the COVID-19 context.


Who Should Attend? 

  • Attorneys who represent disability insurance carriers;
  • In-house attorneys for disability insurance carriers; and
  • Claims examiners.

What will you learn? 

  • The framework under which courts will evaluate LTD claims based upon increased risk of severe illness due to COVID-19;
  • How to properly handle and investigate claims based on COVID-19 to reach a reasonable decision; and
  • How the timeframe to analyze claims based on COVID-19 under ERISA has changed.

Michele Martinho, M.D.

Dr. Michele Martinho is an internist with a private practice in New York City. She studied psychology at New York University, earning her degree in 1996. She then completed her Doctor of Medicine at the Ross University School of Medicine. Dr. Martinho refined her skill set through an internship in internal medicine at mount Sinai School of Medicine, where she also completed her residency. She then completed additional study and testing to attain certification from the American Board of Internal Medicine. Since the outbreak of the COVID-19 pandemic, Dr. Martinho has been on the front lines testing and treating patients who are positive for the disease.

Kristina B. Pett, McDowell Hetherington LLP

Kristina B. Pett practices in the area of life, health and disability insurance. Ms. Pett was a founding member of Pett Furman, and previously served as senior counsel at Proskauer Rose and Weil Gotshal. She graduated cum laude from Temple University School of Law and obtained her BA from GW University.

Danielle E. Shure, McDowell Hetherington LLP

Danielle E. Shure practices life, health and disability insurance. She served a two year clerkship for a district judge in the Middle District of Florida and was previously an associate at Jones Day. She graduated magna cum laude from the University of Pennsylvania School of Law and was valedictorian of Hofstra University.


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