Disability Insurer's Denial Of Benefits Was Not Reasonable, Panel Says
ATLANTA - A district court did not err in entering summary judgment in favor of a disability claimant because the evidence supports a finding that the claimant is disabled from practicing as a dentist, the 11th Circuit U.S. Court of Appeals said Jan. 31 (Kia Kaviani, D.M.D. v. Reliance Standard Life Insurance Co., No. 19-11798, 11th Cir., 2020 U.S. App. LEXIS 3006). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 11, 2020 Category: Medical Law Source Type: news

Disability Claimant Did Not Meet Burden Of Proof, Appeals Panel Affirms
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 3 affirmed a district court's ruling in favor of a disability insurer after determining that the lower court did not abuse its discretion by limiting its review of a long-term disability (LTD) benefits claim to the administrative record before the court (Stephanie Dorris v. Unum Life Insurance Company of America, No. 19-1701, 7th Cir., 2020 U.S. App. LEXIS 3206). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 11, 2020 Category: Medical Law Source Type: news

Claimant Was Not Disabled Under Any-Occupation Standard, Panel Concludes
SAN FRANCISCO - A disability insurer did not abuse its discretion in terminating a claimant's long-term disability (LTD) benefits because the evidence supports the insurer's finding that the claimant was not totally disabled from performing the duties of any occupation, the Ninth Circuit U.S. Court of Appeals said Jan. 16 (Dyel O. Talbot v. Reliance Standard Life Insurance Co., et al., No. 18-15375, 9th Cir., 2020 U.S. App. LEXIS 1657). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 11, 2020 Category: Medical Law Source Type: news

Disability Claimant Met Burden Of Proving Disability, 6th Circuit Panel Says
CINCINNATI - The Sixth Circuit U.S. Court of Appeal on Jan. 23 reversed a district court's ruling in favor of a disability plan after determining that the disability claimant proved by a preponderance of the evidence that he was disabled from performing the duties of his regular occupation and that he was under the regular care of a physician for his disabling conditions (Jesse Bruton v. American United Life Insurance Corp., No. 19-3466, 6th Cir., 2020 U.S. App. LEXIS 2498). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 11, 2020 Category: Medical Law Source Type: news

Pre-Existing Condition Exclusion Does Not Bar LTD Benefits, Judge Determines
NEW ORLEANS - A disability insurer wrongfully denied a claim for long-term disability (LTD) benefits based on the plan's pre-existing condition exclusion because the back injury the claimant sustained while working was not caused by the claimant's pre-existing degenerative back condition, a Louisiana federal judge said Jan. 13 in awarding the claimant past and future LTD benefits (Karl Meche v, Metropolitan Life Insurance Co., No. 18-3995, E.D. La., 2020 U.S. Dist. LEXIS 5200). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 11, 2020 Category: Medical Law Source Type: news

Bad Faith Claim Against Disability Income Insurer To Proceed, Judge Says
SCRANTON, Pa. - A Pennsylvania federal judge on Jan. 13 denied a disability income insurer's motion for partial summary judgment on a bad faith claim because the insured provided sufficient evidence from which a jury could find that the insurer acted in bad faith in denying the claim for disability income benefits (Joseph D. Dileo v. Federated Life Insurance Co., No. 18-628, M.D. Pa., 2020 U.S. Dist. LEXIS 5003). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 11, 2020 Category: Medical Law Source Type: news

De Novo Standard Of Review To Be Applied In Disability Benefits Dispute
MOBILE, Ala. - A de novo standard of review must be applied in a disability benefits dispute because the disability insurer failed to provide the claimant with a full and fair review as required by the Department of Labor regulations governing disability claims, an Alabama federal judge said Jan. 21 in granting a disability claimant's motion for partial summary judgment (Brian McConnell v. American General Life Insurance Co., No. 19-0174, S.D. Ala., 2020 U.S. Dist. LEXIS 9605). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 11, 2020 Category: Medical Law Source Type: news

Disability Insurer's Claims Dismissed; Economic Loss Rule Precludes Claims
WEST PALM BEACH, Fla. - A Florida federal judge on Jan. 27 dismissed a disability insurer's counterclaims for fraud and negligent misrepresentation in a disability and life insurance dispute because the counterclaims are barred by the economic loss rule (ELR), which prohibits tort claims in a contractual dispute (Douglas Kuber v. Berkshire Life Insurance Company of America, No. 19-80211, S.D. Fla., 2020 U.S. Dist. LEXIS 14121). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 11, 2020 Category: Medical Law Source Type: news

Panel Says Fraud Act Claim Alleged By Disability Claimant Cannot Stand
NEW YORK - A trial court erred in denying a disability insurer's motion to dismiss a claim alleging violation of New Jersey's Consumer Fraud Act (NJCFA) because a wrongful denial of benefits claim is not actionable under the NJCFA and the claimant failed to allege any deceitful conduct related to the procurement or issuance of the disability policy, the First Department of the New York Supreme Appellate Division said Jan. 23 (Yochanan Bulka v. Metropolitan Life Insurance Co., No. 657560/17, N.Y. Sup., App. Div., 1st Dept., 2020 N.Y. App. Div. LEXIS 470). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 11, 2020 Category: Medical Law Source Type: news

Disability Claimant's Motion To Remand Denied; Federal Jurisdiction Is Proper
LOUISVILLE, Ky. - A disability claimant's allegations against Kentucky's insurance commissioner and the Kentucky Department of Insurance (DOI) must be dismissed, a Kentucky federal judge said Jan. 9 after determining that the claimant failed to exhaust all administrative remedies with the commissioner and the DOI (Charles A. Knoppe v. Lincoln National Life Insurance Co., et al., No. 18-264, W.D. Ky., 2020 U.S. Dist. LEXIS 3612). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 11, 2020 Category: Medical Law Source Type: news

Panel Says Opinions Of Disability Claimant's Treating Physicians Must Be Considered
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 7 vacated and remanded a disability claimant's suit seeking long-term disability benefits after determining that a district court erred in failing to consider letters from the claimant's treating physicians who were not provided with the opportunity to rebut the opinion of one of the insurer's examining physicians (Lea Wagenstein v. Cigna Life Insurance Co., et al., No. 18-55955, 9th Cir., 2020 U.S. App. LEXIS 482). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

5th Circuit Affirms Ruling That Disability Insurer Did Not Abuse Its Discretion
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 6 affirmed a district court's ruling that a disability insurer did not abuse its discretion in finding that a claimant was not disabled from performing the duties of her own occupation as an attorney because the objective medical evidence clearly supports the insurer's finding (Anne Wittmann v. Unum Life Insurance Company of America, No. 19-30254, 5th Cir., 2019 U.S. App. LEXIS 36311). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Termination Of LTD Benefits Was Not Based On Substantial Evidence
BALTIMORE - A federal judge in Maryland on Dec. 4 granted a disability claimant's motion for summary judgment and reinstated the claimant's benefits after determining that the disability insurer's termination of long-term disability (LTD) benefits was not based on substantial evidence (Dana Krysztofiak v. Boston Mutual Life Insurance Co., No. 19-0879, D. Md., 2019 U.S. Dist. LEXIS 209452). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Orthopedic Surgeon Not Entitled To Total Disability Benefits, Judge Determines
NEW YORK - A New York federal judge on Jan. 3 granted a disability insurer's motion for summary judgment and denied a disability claimant's motion for summary judgment after determining that an orthopedic surgeon is not entitled to total disability benefits for the periods in which he returned to work because he was still able to complete the majority of his responsibilities as an orthopedic surgeon even though he was unable to perform surgeries (Richard Sternberg v. Paul Revere Life Insurance Co., No. 17-8523, S.D. N.Y., 2020 U.S. Dist. LEXIS 1718). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Claimant Met Plan Requirements To Qualify For Benefits
ANN ARBOR, Mich. - A disability claimant is entitled to short-term disability and long-term disability benefits because the claimant proved by a preponderance of the evidence that she met all four conditions listed in the disability plan to qualify for benefits, a Michigan federal judge said Dec. 17 (Brenda Counts v. United of Omaha Life Insurance Co., No. 18-12312, E.D. Mich., 2019 U.S. Dist. LEXIS 216274). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Insurers Did Not Breach Contract; Mental Limitation Properly Applied
NEW ORLEANS - A Louisiana federal judge on Dec. 13 dismissed a disability claimant's complaint after determining that the disability insurers did not breach their insurance policies by limiting the claimant's benefits to 24 months under the policies' 24-month limitation provision for mental disorders (Allan Cougle v. Berkshire Life Insurance Company of America, et al., No. 19-9257, E.D. La., 2019 U.S. Dist. LEXIS 215019). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Insurer Incorrectly Calculated First Day Of Disability, Judge Concludes
CHICAGO - An Illinois federal judge on Dec. 10 granted a disability claimant's motion for summary judgment after determining that the disability insurer incorrectly calculated the claimant's first day of disability and the salary on which his long-term disability (LTD) benefits should be based (Harlan Ten Pas v. The Lincoln National Life Insurance Co., No. 18-3694, N.D. Ill., 2019 U.S. Dist. LEXIS 212284). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Claimant Cannot Collect Consequential Damages, Judge Says
MINNEAPOLIS - A Minnesota federal judge on Jan. 3 granted a disability insurer's motion for partial summary judgment after determining that a disability claimant failed to prove that the insurer's termination of disability benefits caused the claimant to sustain consequential damages in the form of lost employer-provided health and life insurance (Matthew J. Christoff v. Paul Revere Life Insurance Co., No. 17-3515, D. Minn., 2020 U.S. Dist. LEXIS 808). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Bad Faith Claim Cannot Proceed Without Breach Of Contract, Federal Judge Says
LOUISVILLE, Ky. - A Kentucky federal judge on Dec. 31 granted a disability insurer's motion for summary judgment on a claimant's bad faith claim after determining that the bad faith claim cannot proceed without the breach of contract claim, which was dismissed in a prior ruling by the court (James H. Pogue v. Principal Life Insurance Co., No. 14-599, W.D. Ky., 2019 U.S. Dist. LEXIS 222947). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Disability Claimant Not Permitted To Conduct Extra- Record Discovery, Judge Says
OKLAHOMA CITY - An Oklahoma federal judge on Dec. 6 denied a disability claimant's motion to conduct discovery outside of the administrative record after determining that the claimant failed to carry his burden of proving that the disability insurer's conflict of interest as both claims administrator and claims payer warrants the requested discovery (John Williamson v. Unum Life Insurance Company of America, No. 19-481, W.D. Okla., 2019 U.S. Dist. LEXIS 210631). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 13, 2020 Category: Medical Law Source Type: news

Cigna Will Sell Non-Medical Insurance Unit To New York Life For $6.3 Billion
Cigna will sell its group life and disability insurance unit to New York Life Insurance for $6.3 billion in a move to focus squarely on its healthcare business. (Source: Forbes.com Healthcare News)
Source: Forbes.com Healthcare News - December 18, 2019 Category: Pharmaceuticals Authors: Bruce Japsen, Contributor Source Type: news

Disability Claimant Met Burden Of Proving He Remained Disabled
SAN FRANCISCO - A California federal judge on Nov. 27 granted a disability claimant's motion for judgment on the administrative record after determining that the claimant met his burden of proving that he remained disabled from performing the duties of his sedentary occupation as a project manager (Steven S. Garretson v. Metropolitan Life Insurance Co., No. 17-7052, N.D. Calif., 2019 U.S. Dist. LEXIS 206700). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 11, 2019 Category: Medical Law Source Type: news

Termination Of LTD Benefits Supported By Substantial Evidence
LAFAYETTE, La. - The termination of a disability plan participant's long-term disability benefits was not arbitrary and capricious, a Louisiana federal judge said Nov. 12, because the decision to terminate benefits was supported by substantial evidence (Jerry Courville v. Life Insurance Company of North America et al., No. 18-1133, W.D. La., 2019 U.S. Dist. LEXIS 197469). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 11, 2019 Category: Medical Law Source Type: news

Disability Claimant Files Suit Seeking Past, Future LTD Benefits Under Plan
ALEXANDRIA, Va. - A disability claimant filed suit Nov. 13 in Virginia federal court seeking a declaration that she is entitled to past and future long-term disability (LTD) benefits under a plan issued by her employer (Amanda Taylor v. Life Insurance Company of North America, No. 19-1443, E.D. Va.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 11, 2019 Category: Medical Law Source Type: news

Nondisclosure Of Private Health Information Outweighs Public Interest, Judge Says
COLUMBUS, Ohio - An Ohio federal magistrate judge on Nov. 25 granted a disability insurer's request to file a plan participant's claim file under seal because the nondisclosure of the plan participant's private health information outweighs any public interest in the breach of contract and bad faith suit filed against the disability insurer (Barbara Cluck v. Unum Life Insurance Company of America, No. 18-56, S.D. Ohio, 2019 U.S. Dist. LEXIS 203849). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 11, 2019 Category: Medical Law Source Type: news

Attorney Fees Awarded To Disability Claimant Based On Success On Merits
SALT LAKE CITY - A Utah federal judge on Nov. 21 awarded a disability claimant attorney fees after determining that the claimant's success on the merits of a long-term disability (LTD) benefits claim warrants the award of attorney fees (Don Foust v. Lincoln National Life Insurance Co., No. 17-1208, D. Utah, 2019 U.S. Dist. LEXIS 202915). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 11, 2019 Category: Medical Law Source Type: news

Could life insurance go up in smoke for some vapers?
Global reinsurers are stepping up their warnings to life insurer clients about the potential risks of vaping, putting pressure on underwriters to charge certain vapers higher rates than smokers, or even exclude them altogether. (Source: Reuters: Health)
Source: Reuters: Health - December 2, 2019 Category: Consumer Health News Tags: healthNews Source Type: news

Termination Of LTD Benefits Was Not Arbitrary, Capricious, Federal Judge Says
LAFAYETTE, La. - A disability insurer's termination of disability benefits based on its finding that the claimant was not disabled from any occupation was not arbitrary and capricious because the insurer considered the opinion of the claimant's treating physician and the insurer based its decision on substantial medical evidence, a Louisiana federal judge said Nov. 5 (Darrell Goodman v. Reliance Standard Life Insurance Co., No. 18-623, W.D. La., 2019 U.S. Dist. LEXIS 193123). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Claimant Failed To Prove She Is Disabled From Performing Any Occupation
COVINGTON, Ky. - A Kentucky federal judge on Nov. 5 denied a disability claimant's motion for judgment on the administrative record after determining that the claimant failed to prove that she is incapable of performing any reasonable occupation as defined by the disability plan (Lisa Meiman v. Aetna Life Insurance Co., No. 18-75, E.D. Ky., 2019 U.S. Dist. LEXIS 191448). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

6th Circuit Majority Says Disability Insurer's Benefits Denial Was Not Reasonable
CINCINNATI - The majority of a Sixth Circuit U.S. Court of Appeals panel on Oct. 31 vacated a district court's judgment in favor of a disability insurer after determining that the insurer's denial of disability benefits was arbitrary and capricious because the insurer's decision was not the result of a deliberate, principled reasoning process regarding the claimant's ability to perform her job as a nurse (Susan Card v. Principal Life Insurance Co., No. 18-6095, 6th Cir., 2019 U.S. App. LEXIS 32573). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Judgment Properly Entered For Disability Insurer, 9th Circuit Panel Says
SAN DIEGO - A district court did not err in entering judgment in favor of a disability insurer because the disability claimant failed to prove that she was unable to perform the duties of her own occupation while she was still employed by her former employer and because the district court properly considered all of the claimant's evidence, the Ninth Circuit U.S. Court of Appeals said Oct. 18 (Kelly Demko v. Unum Life Insurance Company of America, No. 18-55428, 9th Cir., 2019 U.S. App. LEXIS 31102). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Claimant Entitled To STD Benefits, Wisconsin Federal Judge Determines
MADISON, Wis. - A Wisconsin federal judge on Oct. 29 awarded a disability claimant short-term disability (STD) benefits after determining that a disability insurer failed to consider all of the job duties required of the claimant, rather than the modified job duties performed by the claimant, when it denied her claim for benefits (Catherine A. Mathews v. The Northwestern Mutual Life Insurance Co., No. 18-46, W.D. Wisc., 2019 U.S. Dist. LEXIS 186986). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Pre-Existing Condition Exclusion Bars LTD Benefits For Drug Dependence
ATLANTA - A disability insurer's denial of a long-term disability claim for substance abuse was not arbitrary and capricious because the medical evidence supports the insurer's finding that the pre-existing condition exclusion applied as a bar to benefits, the 11th Circuit U.S. Court of Appeals said Nov. 7 (Anthony J. Ferrizzi v. Reliance Standard Life Insurance Co., No. 18-11803, 11th Cir., 2019 U.S. App. LEXIS 33350). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Claimant Says Termination Of Benefits Was Breach Of Contract
FRESNO, Calif. - A disability insurer acted in bad faith and breached its contract in terminating a claimant's long-term disability (LTD) benefits because the insurer's termination was not reasonable and not based on reliable medical evidence, the claimant alleges in an Oct. 15 complaint filed in California federal court (Jennifer Sims v. Life Insurance Company of North America, No. 19-1460, E.D. Calif.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Negligence, Misrepresentation Claims To Proceed In Disability Benefits Dispute
KANSAS CITY, Mo. - A disability claimant's negligence and misrepresentation allegations against an insurance broker can proceed because the broker owes an independent duty to the disability claimant, a Kansas federal judge said in refusing to dismiss the misrepresentation and negligence claims (Robert P. Garver v. Principal Life Insurance Co. et al., No. 19-2354, D. Kan., 2019 U.S. Dist. LEXIS 180603). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Claimant's Allegations Are Preempted Under ERISA, Judge Says
ASHLAND, Ky. - A Kentucky federal judge on Oct. 3 granted a disability insurer's motion to dismiss after determining that all of the claims alleged against the insurer arise out of its handling of a disability claim and, therefore, are preempted by the Employee Retirement Income Security Act (Lorey Lowe v. Lincoln National Life Insurance Corp., et al., No. 19-31, E.D. Ky., 2019 U.S. Dist. LEXIS 171691). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Disability Claimant Failed To Establish Amount In Controversy Exceeds $75K
NEW ORLEANS - A Louisiana federal judge on Oct. 31 dismissed a disability claimant's suit after determining that the claimant failed to establish that the amount in controversy exceeds the federal jurisdictional minimum of $75,000 and that the employee welfare plan is a governmental plan that is exempt from the Employee Retirement Income Security Act (Mary Beth Chauvin v. Symetra Life Insurance Co., No. 19-10493, E.D. La., 2019 U.S. Dist. LEXIS 189596). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 12, 2019 Category: Medical Law Source Type: news

Kidney Swaps Are Revolutionizing a Broken Organ-Donation System in the U.S.
2017 ended as a banner year for my family, but things didn’t look great at the start. A death sentence met us in a boxing ring, and we had to school ourselves on fighting to live. I never thought much about the 37 million American adults who suffer from kidney disease until my husband Neil became one of them. Celebrating our first year of marriage in 2001, we learned by accident through an unrelated medical exam that my husband has polycystic kidney disease, an illness which causes the kidneys to fill with cysts over time, rendering the organs unable to function properly. There is no cure. There was nothing to do but...
Source: TIME: Health - November 5, 2019 Category: Consumer Health News Authors: Lisa Emmott Tags: Uncategorized health Healthcare medicine public health Source Type: news

A Sweet Life Insurance Deal: “Buy, Don’t Die”
Call it the " delay death discount. " Engage with the Hancock's diabetes wellness program on a continuing basis, and the insurer will cut your life insurance premium by up to 25 percent. (Source: Forbes.com Healthcare News)
Source: Forbes.com Healthcare News - October 29, 2019 Category: Pharmaceuticals Authors: Michael Millenson, Contributor Source Type: news

Health benefits, insurance navigation chatbot Sensely lands $15M
Aflac Corporate Ventures led the round with participation from NMC, Nippon Life Insurance Company, Susquehanna International Group, Sojitz Corporation, Zuelling Pharma  and Silicon Valley Bank.  (Source: mobihealthnews)
Source: mobihealthnews - October 28, 2019 Category: Information Technology Source Type: news

High Court Denies Review Of Claimant's Petition On Any-Occupation Standard
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied a disability claimant's petition for writ of certiorari, refusing to consider the Third Circuit U.S. Court of Appeals' finding that a district court properly remanded a claim for long-term disability (LTD) benefits to determine whether benefits are available under a plan's any-occupation standard (Thomas P. Kelly Jr. v. Reliance Standard Life Insurance Co., et al., No. 19-146, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Termination Of Disability Benefits Was Not Reasonable; Judge Reinstates Benefits
RIVERSIDE, Calif. - A California federal judge on Sept. 30 reversed a disability plan administrator's termination of long-term disability (LTD) benefits and ordered that the benefits be reinstated after determining that the medical evidence supports a finding that the claimant is disabled from working in any occupation (Julie Hinds v. Life Insurance Company of North America, No. 18-775, C.D. Calif., 2019 U.S. Dist. LEXIS 169478). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

LTD Benefits Must Be Reinstated, Utah Federal Judge Determines
SALT LAKE CITY - A Utah federal judge on Sept. 24 determined that a disability claimant's long-term disability (LTD) benefits must be reinstated because the insurer's termination of benefits was arbitrary and capricious based on the lack of medical evidence to support its termination (Don Foust v. Lincoln National Life Insurance Co., No. 17-1208, D. Utah, 2019 U.S. Dist. LEXIS 164576). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Denial Of LTD Benefits Was Arbitrary, Capricious, Federal Judge Determines
ASHLAND, Ky. - A Kentucky federal judge on Sept. 24 remanded a long-term disability (LTD) claim and life insurance with waiver of premium (LWOP) claim to the disability plan administrator after determining that the administrator's termination of LTD and LWOP benefits was arbitrary and capricious (Lewis Bustetter v. Standard Insurance Co., No. 18-1, E.D. Ky., 2019 U.S. Dist. LEXIS 163075). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Federal Judge Reinstates LTD Benefits, Says Insurer's Termination Is Not Supported
AKRON, Ohio - An Ohio federal judge on Sept. 11 reinstated a disability claimant's long-term disability (LTD) benefits after determining that the termination of her benefits was arbitrary and capricious because the insurer selectively reviewed the medical evidence to support its denial (Kristina Rossiter v. Life Insurance Company of North America, No. 18-1421, N.D. Ohio, 2019 U.S. Dist. LEXIS 155126). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Termination Of Disability Benefits Was Not Arbitrary, Capricious, Judge Says
PORTLAND, Maine - A disability insurer's termination of long-term disability (LTD) benefits based on its finding that the claimant was not disabled from performing the duties of any occupation was reasonable based on the medical evidence and was not arbitrary and capricious, a Maine federal judge said Sept. 26 (Mitchell A. Weeman v. Life Insurance Company of North America, No. 18-278, D. Me., 2019 U.S. Dist. LEXIS 165369). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

High Court Denies Disability Claimant's Petition On 'Regular Occupation' Ruling
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 refused to review the Fifth Circuit U.S. Court of Appeals' ruling in favor of a disability insurer on the insurer's interpretation of the term "regular occupation" (Juanita Nichols v. Reliance Standard Life Insurance Co., No. 19-242, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Florida Federal Judge Allows Bad Faith Claim In Disability Dispute To Proceed
WEST PALM BEACH, Fla. - A Florida federal judge on Sept. 9 determined that a bad faith claim can proceed in a disability and life insurance dispute because the plaintiffs seeking benefits under the policies sufficiently alleged facts to support the bad faith claim (Douglas Kuber v. Berkshire Life Insurance Company of America, No. 19-80211, S.D. Fla., 2019 U.S. Dist. LEXIS 154379). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Disability Claimant's Suit To Remain In Massachusetts, Federal Judge Says
WORCESTER, Mass. - A Massachusetts federal judge on Sept. 20 denied a motion to transfer a disability claimant's suit to Kansas federal court after determining that the disability insurer defendants failed to prove that private or public interest factors weigh in favor of transferring the case (Mary MacNaughton v. Paul Revere Life Insurance Co.& Unum Group, No. 19-40016, D. Mass., 2019 U.S. Dist. LEXIS 160454). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Texas Federal Magistrate Says Tortious Interference Claim Should Proceed
AUSTIN, Texas - A Texas federal magistrate judge on Oct. 3 recommended denying a disability insurer's motion to dismiss a claim for tortious interference with a business relationship after determining that the claim is not preempted by the Employee Retirement Income Security Act and that the disability claimant sufficiently alleged facts in support of his claim that the disability insurer interfered with his relationship with a consultant and an attorney who were handling his claim for Social Security disability benefits (Juan Pensado v. Life Insurance Company of North America et al., No. 19-157, W.D. Texas, 2019 U.S. Dist...
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news