Own-occupation disability policies ...

Own-occupation disability policies generally provide that insureds are totally disabled--and entitled to benefits--if they are unable to perform the substantial and material duties of their occupations suitable to injury or illness. An insured's occupation is usually defined as the occupation in which he or she was regularly engaged at the time of disability. Thus, beneath an "own-occ" policy, if a surgeon can no longer perform surgery the policyholder is entitled to disability benefits--even if that body can still make a living as a doctor.

Increasingly, however, disability insurers argue that their insureds have dual