Denied Claim. Disputed Cause.
A Record That Gets Results.
Selective representation in accidental death and dismemberment cases where the facts and law support meaningful recovery.
This practice handles one type of case: a denied AD&D claim. Whether the loss involves death, dismemberment, or loss of function, the analytical framework is the same — accident, exclusion, ERISA.
Three issues decide most denied AD&D claims.
Accident. Exclusion. ERISA.
Which one applies to yours?
Accident
The threshold question in every case. Courts apply different legal standards — some focus on intent, others on foreseeability. Where the case is filed can affect the outcome.
Exclusion
Even where an accident occurred, insurers rely on exclusions to deny claims — intoxication, medical treatment, underlying condition. These exclusions are frequently over-applied or misread.
ERISA
Most employer-provided policies fall under federal law. This affects the appeals process, what evidence can be used, and the standard of review. Early handling is critical.
Representative Case Results
THE CASE
A worker struck on the leg later died from a pulmonary embolism. The insurer claimed the death was caused by arteriosclerosis and obesity — not the accident.
THE RESULT
Underlying condition defense defeated. Full policy benefit recovered for the surviving spouse.
THE CASE
A client lost vision in one eye following dialysis. The insurer relied on a medical treatment exclusion to deny the claim.
THE RESULT
Medical treatment exclusion overcome. Demonstrated the loss was an unanticipated consequence of treatment. Case successfully resolved.
THE CASE
A medical professional was accused by the insurance carrier of causing a fatal vehicle rollover because of intoxication.
THE RESULT
Through expert testimony, the intoxication defense was overcome and a substantial settlement was achieved.
Why This Practice Is Different
AD&D cases require early, disciplined judgment about whether the claim meets the legal definition of “accident,” whether exclusions can be overcome, whether the case is viable under federal or state law, and what evidence must be developed immediately.
This is not a volume practice. It is a selective, strategy-driven practice focused on cases that can be built to succeed.
I approach AD&D cases the same way — with a trial lawyer’s instincts and the discipline of someone who has spent years helping other attorneys evaluate cases before they ever reach a courtroom. My job is not to file your claim. My job is to tell you whether it can be won — and then pursue the recovery it deserves.
“After completing an extensive search for an attorney experienced in ERISA litigation involving a coverage defense, I recommended Marcus Castillo to a client — the father of children who had lost their mother, who was covered by life insurance.
At every stage of the case — including discovery, expert engagement, two ERISA appeals, the filing of a federal complaint, and court-ordered mediation — Marcus demonstrated deep knowledge of the law, creativity, sound judgment, analytical skill, perseverance, and complete dedication to his client.
I highly recommend him for ERISA cases.”
— Andrew Sasso, Esq.
Featured Resources
Free Guide: Accidental Death & Dismemberment Insurance — Getting the Benefits You Deserve
Before you appeal a denial or contact an attorney, understand the issues that actually decide these cases.
This guide explains:
- How “accident” is legally defined — and why the standard varies by jurisdiction
- How insurers use exclusions to deny claims — and how they are challenged
- Why federal law may govern the entire claim
- What steps to take immediately to preserve your claim
Enter your name and email to get the PDF and future guides.
How the Process Works
Step 1
Focused Intake
A short intake form identifies the incident, the cause of death or injury, the denial reason, and the policy structure.
Step 2
Initial Screening
We evaluate whether the facts and policy support a viable claim — accident definition, causation, and exclusion challenges.
Step 3
Evidence Review
If the matter warrants deeper review, we examine denial letters, policy documents, and medical and investigative records.
Step 4
Strategic Direction
If the case is a fit, we determine the appropriate path — administrative appeal, pre-suit development, or litigation strategy.
If You Have a Claim, Start Here.
Evidence doesn’t wait.
If you are considering a claim, begin preserving the following immediately:
Early preservation can materially affect the outcome of a case!
- Obtain the medical examiner’s report and any law enforcement records related to the incident
- Gather medical and prescription records for the decedent or injured person
- Secure phone, text, email, and social media data from near the time of the incident
- Review financial and credit card records reflecting activity and whereabouts before the incident
Marcus Castillo has represented plaintiffs in employment and employee benefits cases for more than 30 years. He is also a recognized trial consultant.
Career Highlights
- Certified federal and state circuit civil mediator
- Taught substantive EEO law and ERISA segments of Florida Bar Certification Review course
- Lectured and taught at Florida Bar / Stetson Employment Law Trial Skills Seminar
- Author of multiple journal articles on employment law topics
- Former Chair, Clearwater Bar Employment and Labor Law section
- Founded TrialFocus: a trial consulting firm that conducts focus groups and mock trials and has consulted in a multitude of employment law cases for both plaintiffs and defendants.
Education
- Bachelor of Arts with Honors, University of Florida, 1979
- Juris Doctor, Stetson University College of Law, 1983 (Awarded U.S. Law Week Award)
Certifications
- Board Certified in Labor and Employment Law by The Florida Bar for 25 years (2001–2026)
- Certified Florida Supreme Court Circuit Civil Mediator
- Certified Federal Court Mediator, U.S. District Court, Middle District of Florida
Bar / Community Service
- Treasurer and Director, Clearwater Bar Association
- Director, Federal Bar Association (Tampa Bay Chapter)
- Chair and Member, Sixth Circuit Judicial Nominating Commission (Appointed by the Governor of the State of Florida)
- Chair and Member, Sixth Circuit Grievance Committee #6A
Thought Leadership
- Numerous CLE presentations on employment law, ERISA cases and best practices at trial.
- Faculty member, Florida Bar Employment Law Trial Skills Program
Accolades
- Florida SuperLawyer continuously since 2007 (Top 5% of all lawyers in the state)
- Florida Trend’s Florida Legal Elite 2010-2011 (Top 2% of all lawyers in the state)
If You Have a Claim, Start Here.
If your claim has been denied — or you are evaluating whether you have a viable claim — start with the intake process.
Submitting this form does not create an attorney-client relationship. The information you provide will be kept confidential and used solely for the purpose of evaluating whether this matter is appropriate for this practice.
Still have questions?
Enter your name and email to get the PDF and future guides.