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He Took a Drug to Prevent AIDS. Then He Couldn ’ t Get Disability Insurance.
Insurers have denied life and disability coverage to men taking Truvada to prevent H.I.V. infection, say gay rights advocates and medical experts. (Source: NYT Health)
Source: NYT Health - February 12, 2018 Category: Consumer Health News Authors: DONALD G. McNEIL Jr. Tags: Acquired Immune Deficiency Syndrome Truvada (Drug) Discrimination Homosexuality and Bisexuality Life Insurance GLBTQ Legal Advocates and Defenders (GLAD) PrEP (pre-exposure prophylaxis) Mutual of Omaha Source Type: news

Map of US reveals most healthy states for life insurance
A new report from Policygenious revealed Montana and Wyoming are tied for the healthiest state in the US, with just 5.7 percent of life insurance applicants living with a health problem. (Source: the Mail online | Health)
Source: the Mail online | Health - February 2, 2018 Category: Consumer Health News Source Type: news

Is YOUR state healthy?
A new report from Policygenious revealed Montana and Wyoming are tied for the healthiest state in the US, with just 5.7 percent of life insurance applicants living with a health problem. (Source: the Mail online | Health)
Source: the Mail online | Health - February 2, 2018 Category: Consumer Health News Source Type: news

Lincoln Financial Group to acquire Boston insurer for $3.3 billion
Lincoln Financial Group (NYSE: LNC) announced Friday morning it has entered into an agreement to acquire Liberty Life Assurance Co. of Boston from Liberty Mutual Insurance Group for $3.3 billion. When the transaction is completed, Lincoln Financial will retain Liberty’s group benefits business and reinsure Liberty’s individual life and annuity business to Protective Life Insurance Co., based in Birmingham, Ala. Under the terms of the agreement, the $3.3 billion purchase price is broke n down… (Source: bizjournals.com Health Care News Headlines)
Source: bizjournals.com Health Care News Headlines - January 19, 2018 Category: Health Management Authors: Rebecca Troyer Source Type: news

Lincoln Financial Group to acquire Boston insurer for $3.3 billion
Lincoln Financial Group (NYSE: LNC) announced Friday morning it has entered into an agreement to acquire Liberty Life Assurance Co. of Boston from Liberty Mutual Insurance Group for $3.3 billion. When the transaction is completed, Lincoln Financial will retain Liberty’s group benefits business and reinsure Liberty’s individual life and annuity business to Protective Life Insurance Co., based in Birmingham, Ala. Under the terms of the agreement, the $3.3 billion purchase price is broke n down… (Source: bizjournals.com Health Care:Biotechnology headlines)
Source: bizjournals.com Health Care:Biotechnology headlines - January 19, 2018 Category: Biotechnology Authors: Rebecca Troyer Source Type: news

Termination Of Disability Benefits Was Arbitrary, Capricious, Panel Says
DENVER - A district court did not err in reversing a disability insurer's termination of a claimant's long-term disability (LTD) benefits because the insurer failed to address whether the claimant was capable of working on a full-time basis, the 10th Circuit U.S. Court of Appeals said Jan. 2 (Carl Van Steen v. Life Insurance Company of North America, Nos. 16-1405, 16-1421, 10th Cir., 2018 U.S. App. LEXIS 17). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

Disability Insurer Erred In Finding Claimant Could Work In Own Occupation, Judge Says
LOS ANGELES - A California federal judge on Dec. 21 determined that a disability insurer erred in denying a claim for long-term disability benefits under the plan's own-occupation standard because the description of the claimant's position as an assistant news editor in the Department of Labor's Dictionary of Occupational Titles is outdated and does not accurately describe the duties of the claimant's position (Kenneth Popovich v. Metropolitan Life Insurance Co., et al., No. 15-9791, C.D. Calif., 2017 U.S. Dist. LEXIS 210427). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

Termination Of Disability Benefits Was Reasonable Under Any-Occupation Standard
CINCINNATI - A disability insurer's termination of long-term disability (LTD) benefits was not arbitrary and capricious because the insurer's decision to terminate benefits under the plan's any-occupation standard is supported by substantial medical evidence and was based on a deliberate reasoning process, the Sixth Circuit U.S. Court of Appeals said Jan. 2 (Bari Kemper v. Life Insurance Company of North America, et al., No. 16-6507, 6th Cir., 2018 U.S. App. LEXIS 55). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

4th Circuit Affirms Disability Insurer Did Not Abuse Its Discretion
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Dec. 19 affirmed a district court's ruling that a disability insurer did not abuse its discretion in terminating a claimant's long-term disability (LTD) benefits (Kimberly H. Stoddard v. First Unum Life Insurance Co., No. 16-2065, 4th Cir., 2017 U.S. App. LEXIS 25581). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

U.S. Supreme Court Refuses To Review 2nd Circuit's Offset Ruling
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 11 refused to review the Second Circuit U.S. Court of Appeals' ruling that a New York law barring the offset of a claimant's disability benefits with the proceeds of the claimant's settlement of a personal injury suit is not preempted by the Employee Retirement Income Security Act (Aetna Life Insurance Co. v. Salvatore Arnone, No. 17-416, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

Insurer Entitled To Offset LTD Benefits Based On Social Security Awards
NEW ORLEANS - A disability insurer was entitled to offset a claimant's long-term disability (LTD) benefits based on his Social Security disability award and a separate award to his son for family Social Security disability benefits, a Louisiana federal judge said Dec. 19 in granting the insurer's motion for summary judgment (John Jackson v. Aetna Life Insurance Co., No. 16-15837, E.D. La., 2017 U.S. Dist. LEXIS 208188). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

Washington Federal Judge Grants Disability Claimant's Motion For Attorney Fees
TACOMA, Wash. - A Washington federal judge on Dec. 21 granted a disability claimant's motion for attorney fees after determining that the claimant was successful on the merits of his claim (Anthony Flaaen v. Principal Life Insurance Co. Inc., No. 15-5899, W.D. Wash., 2017 U.S. Dist. LEXIS 210284). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

Additional Discovery Not Needed In Disability Suit, Maryland Federal Judge Says
BALTIMORE - A Maryland federal judge on Dec. 13 denied a disability claimant's motion to compel the production of documents related to the doctors who reviewed the claimant's case after determining that the administrative record is sufficient to determine whether the insurer operated under a conflict of interest (Karin Reidy v. The Unum Life Insurance Company of America et al., No. 16-2926, D. Md., 2017 U.S. Dist. LEXIS 204705). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

Motion To Remand Denied; Disability Insurer Met Burden Of Proving Fraudulent Joinder
BIRMINGHAM, Ala. - An Alabama federal judge on Dec. 21 denied a disability claimant's motion to remand a suit seeking long-term disability benefits after determining that the disability insurer met its burden of proving that its insurance agents were fraudulently joined to defeat federal diversity jurisdiction (Glen L. Brawley, DMD v. Northwestern Mutual Life Insurance Co. et al., No. 17-1513, N.D. Ala., 2017 U.S. Dist. LEXIS 210031). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 12, 2018 Category: Medical Law Source Type: news

Termination Of LTD Benefits Supported By Medical Evidence, Appeals Panel Says
PHILADELPHIA - A district court did not err in finding that a disability insurer's termination of long-term disability benefits under the plan's any-occupation standard was not arbitrary and capricious because the termination is supported by substantial evidence, the Third Circuit U.S. Court of Appeals held Nov. 13 (Kristen Ann Davies v. First Reliance Standard Life Insurance Co., No. 17-1782, 3rd Cir., 2017 U.S. App. LEXIS 22656). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 12, 2017 Category: Medical Law Source Type: news

Federal Judge Says Claimant Cannot Perform Material Duties Of Any Occupation
SEATTLE - A plaintiff who is receiving long-term disability (LTD) benefits is entitled to waiver of premium (WOP) benefits under a life insurance policy because the plaintiff cannot perform the material duties of any occupation as she is unable to perform the material duties of any occupation on a full-time basis, a Washington federal judge said Dec. 4 in vacating the insurer's denial of WOP benefits (Adasha Turner v. Life Insurance Company of North America, No. 17-1, W.D. Wash., 2017 U.S. Dist. LEXIS 199004). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 12, 2017 Category: Medical Law Source Type: news

Offset Was Not Abuse Of Discretion, 9th Circuit Panel Says In Affirming
SAN FRANCISCO - A disability plan administrator did not abuse its discretion in offsetting a claimant's long-term disability (LTD) benefits to account for Social Security disability income (SSDI) benefits that she receives for her dependents, the Ninth Circuit U.S. Court of Appeals said Nov. 17 in affirming a district court's ruling for the plan (Susan Rene Jones v. Life Insurance Company of North America, et al., No. 16-16172, 9th Cir., 2017 U.S. App. LEXIS 23244). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 12, 2017 Category: Medical Law Source Type: news

Disability Insurer Says 2nd Circuit Incorrectly Found Offset Is Barred
WASHINGTON, D.C. - Review of the Second Circuit U.S. Court of Appeals' ruling that New York law bars the offset of a claimant's disability benefits with the proceeds of the claimant's settlement of a personal injury suit is warranted because the Employee Retirement Income Security Act preempts the New York law at issue, a disability insurer argues in a Nov. 17 reply brief filed in the U.S. Supreme Court (Aetna Life Insurance Co. v. Salvatore Arnone, No. 17-416, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 4511). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 12, 2017 Category: Medical Law Source Type: news

Rhode Island Federal Judge Determines That De Novo Standard Of Review Applies
PROVIDENCE, R.I. - A Rhode Island federal judge on Dec. 1 determined that de novo standard of review must be applied in a dispute alleging wrongful termination of disability benefits because the plan in effect when the benefits claim was filed did not grant discretionary authority to the plan insurer (Nancy A. Tullie v. The Prudential Life Insurance Company of America, No. 16-662, D. R.I., 2017 U.S. Dist. LEXIS 198365). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 12, 2017 Category: Medical Law Source Type: news

California Federal Judge Transfers Disability Suit To New Jersey Federal Court
SAN FRANCISCO - A California federal judge on Nov. 16 granted a disability insurer's motion to transfer a disability claimant's suit to New Jersey federal court after determining that New Jersey is the more convenient forum for the parties and for the witnesses (Ernest Tarasovsky v. The Guardian Life Insurance Company of America, No. 17-03464, N.D. Calif., 2017 U.S. Dist. LEXIS 189926). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 12, 2017 Category: Medical Law Source Type: news

Disability Income Insurer Must Produce Documents Pertaining To Claims Decision
COLUMBUS, Ohio - Following an in camera review, an Ohio federal magistrate judge on Nov. 27 granted an insured's motion to compel the production of seven documents after determining that the documents will help to determine whether the insurer acted in bad faith in its handling of the insured's disability income claim (Mukesh R. Shah, M.D. v. Metropolitan Life Insurance Co., et al., No. 16-1124, S.D. Ohio, 2017 U.S. Dist. LEXIS 194347). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 12, 2017 Category: Medical Law Source Type: news

Discovery Outside Of Administrative Record Is Not Warranted, Judge Says
BALTIMORE - A disability claimant is not permitted to conduct discovery outside of the administrative record because the claimant failed to identify any specific need for extra-record discovery, a Maryland federal judge said Nov. 16 (Amy Silverstone v. Reliance Standard Life Insurance Co., No. 17-0111, D. Md., 2017 U.S. Dist. LEXIS 189528). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 12, 2017 Category: Medical Law Source Type: news

Prognos, formerly Medivo, gets $20.5M to offer disease detection AI to payers, pharma
Prognos, the healthcare AI company that was known as Medivo until a major pivot in January, has raised $20.5 million in new funding according to a report in the Wall Street Journal.  Cigna, Guardian Life Insurance, Hermed, Hikma Pharmaceuticals, Maywic, Merck Global Health Innovation Fund, and Safeguard Scientifics all contributed to the round, which brin (Source: mobihealthnews)
Source: mobihealthnews - November 29, 2017 Category: Information Technology Source Type: news

Termination Of Disability Benefits Was Arbitrary And Capricious, Federal Judge Says
NEWARK, N.J. - A disability insurer's termination of long-term disability benefits after approving the claimant's benefits for seven years was arbitrary and capricious because the insurer failed to properly define the material duties of the claimant's occupation and because the evidence does not support the insurer's termination, a New Jersey federal judge said Oct. 23 (Christopher Patterson v. Aetna Life Insurance Co., No. 15-8156, D. N.J., 2017 U.S. Dist. LEXIS 175543). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Insurer Did Not Act In Bad Faith In Failing To Pay Disability Claim
MOBILE, Ala. - A disability insurer did not act in bad faith in investigating and in failing to pay a disability claim because the insurer conducted an extensive investigation into the claim and had an arguable and debatable reason for denying the claim, an Alabama federal judge said Oct. 24 in granting the insurer's motion for summary judgment (Scott R. Weisberg, M.D., v. Guardian Life Insurance Company of America et al., No. 16-568, N.D. Ala., 2017 U.S. Dist. LEXIS 176021). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Insurer Erred In Determining Claimant's Date Of Disability, Panel Says
ATLANTA - A disability insurer acted arbitrarily and capriciously in determining the date of a claimant's disability, the 10th Circuit U.S. Court of Appeals said Oct. 17 in reversing a district court's judgment in favor of the insurer (Greggory B. Owings v. United Of Omaha Life Insurance Co., No. 16-3128, 10th Cir., 2017 U.S. App. LEXIS 20228). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Federal Judge Dismisses Breach Of Fiduciary Claim Based On Misrepresentation
SCRANTON, Pa. - A Pennsylvania federal judge on Oct. 27 reiterated that a section of Pennsylvania's motor vehicle statute "regulates insurance" and is therefore saved from preemption under the Employee Retirement Income Security Act but said that the plaintiffs' claim for breach of fiduciary duty based on a disability insurer's misrepresentations must be dismissed because it is not clear that the insurer misrepresented the terms of the plan at issue (Eric Yost, et al. v. Anthem Life Insurance Co., No. 3:16-cv-00079, M.D. Pa.; 2017 U.S. Dist. LEXIS 178883). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Ohio Federal Judge Dismisses Breach Of Fiduciary Duty Claim In Disability Benefits Suit
COLUMBUS, Ohio - An Ohio federal judge on Oct. 10 dismissed a claim for breach of fiduciary duty alleged against a disability insurer because the same equitable relief sought by the disability claimant can be obtained if the claimant prevails on his claim seeking recovery of disability benefits (Edward Osborn Sr. v. Principal Life Insurance Co., No. 17-329, S.D. Ohio, 2017 U.S. Dist. LEXIS 166877). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Claimant's Amended Complaint Dismissed; Claims Not Timely, Judge Says
MIAMI - A Florida federal judge on Oct. 30 dismissed a disability claimant's amended complaint after determining that the claims alleged against the disability insurer are barred by Florida's applicable statutes of limitations (Victor Gonzalez-Guzman v. Metropolitan Life Insurance Co., No. 17-20107, S.D. Fla., 2017 U.S. Dist. LEXIS 179259). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Disability Claimant Permitted To Conduct Discovery Outside Of Administrative Record
WICHITA, Kan. - A disability claimant is permitted to conduct limited discovery outside of the administrative record, a Kansas federal magistrate judge said Oct. 10 after determining that the claimant met her burden of showing that "some limited extra-record discovery" is relevant and appropriate as it applies to the defendant's dual role of plan insurer and plan administrator (Karen A. Baty v. Metropolitan Life Insurance Co., 17-1200, D. Kan., 2017 U.S. Dist. LEXIS 171014). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

N.Y. Federal Judge Says Disability Claimant's Request Was Properly Denied
NEW YORK - A New York federal judge on Oct. 12 overruled a disability claimant's objections to a magistrate judge's order denying the claimant's request for statistical information on claim acceptance rates by a disability insurer after determining that the requested statistics do not directly relate to the disability claim at issue (Cherylle McFarlane v. First Unum Life Insurance Co., No. 16-7806, S.D. N.Y., 2017 U.S. Dist. LEXIS 169052). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 14, 2017 Category: Medical Law Source Type: news

Something to look forward to: Retirees say they have a great sex life and don't "feel old" until mid 80s, according to new poll
(Natural News) A poll that was conducted by over 50s life insurance brand FiftyLife on 2,000 British adults in their 50s, 60s, and 70s showed that adults of these ages do not feel that they are officially “over the hill” until they turn 83, and that they still regularly crave and attract attention from the opposite... (Source: NaturalNews.com)
Source: NaturalNews.com - November 6, 2017 Category: Consumer Health News Source Type: news

Insurance Products for Members: Life Insurance, Health and Car ...
As an ally in your corner, AARP makes available products and services that have been researched, evaluated and meet our high standards of service& quality. (Source: AARP.org News)
Source: AARP.org News - November 3, 2017 Category: American Health Source Type: news

Haven Life Launches Emergency Services App, LifeLink, to Provide Protection Beyond Life Insurance
NEW YORK /PRNewswire/ -- Some apps are amusing. Some are addictive. Some are distracting. But few are potentially life saving. This one is. Today, life insurance startup Haven Life announces the availability of LifeLink - a free-to-all mobile app* that, with the touch of a button, connects users with 9-1-1 and instantly shares an accurate location. While emergency response teams do an incredible job saving lives, the reality is they are limited in their location-service technology because of an infrastructure that was established for landlines. The FCC estimates that more than 70% of 9-1...
Source: JEMS: Journal of Emergency Medical Services News - November 2, 2017 Category: Emergency Medicine Authors: Haven Life Tags: Operations Industry News Source Type: news

Haven Life Launches Emergency Services App, LifeLink, to Provide Protection Beyond Life Insurance
NEW YORK /PRNewswire/ -- Some apps are amusing. Some are addictive. Some are distracting. But few are potentially life saving. This one is. Today, life insurance startup Haven Life announces the availability of LifeLink - a free-to-all mobile app* that, with the touch of a button, connects users with 9-1-1 and instantly shares an accurate location. While emergency response teams do an incredible job saving lives, the reality is they are limited in their location-service technology because of an infrastructure that was established for landlines. The FCC estimates that more than 70% of 9-1...
Source: JEMS Operations - November 2, 2017 Category: Emergency Medicine Authors: Haven Life Tags: Operations Industry News Source Type: news

The New Old Age: Wringing Cash From Life Insurance
Life-settlement providers purchase policies from older people who want the money now. Sometimes that ’ s a good idea — and sometimes not. (Source: NYT Health)
Source: NYT Health - October 13, 2017 Category: Consumer Health News Authors: PAULA SPAN Tags: Life Insurance Elderly Longevity Source Type: news

Questions Docs Must Ask Before Buying Life Insurance
Before buying life insurance, physicians need to consider a plethora of factors. Here are the most important of the bunch. (Source: Physicians Practice)
Source: Physicians Practice - October 10, 2017 Category: Practice Management Authors: Ike Devji, JD Tags: Blog Law & Malpractice Career Contracts Risk Management Source Type: news

Vocational Assessment Was Flawed, Disability Claimant Is Owed Benefits, Judge Says
TACOMA, Wash. - A Washington federal judge on Sept. 27 granted judgment in favor of a disability claimant after determining that the insurer's vocational assessment was flawed because the assessment relied on unsupported information taken from the claimant's social media profiles to conclude that the claimant had enough experience to secure a job in the media industry (Anthony Flaaen v. Principal Life Insurance Co. Inc., No. 15-5899, W.D. Wash., 2017 U.S. Dist. LEXIS 159142). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

9th Circuit Panel Says Denial Of Disability Benefits Was Reasonable Decision
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Sept. 18 affirmed a district court's finding that a disability insurer's denial of benefits was reasonable, noting that the medical evidence supports the insurer's determination (Nannette Fawn Anderson v. Life Insurance Company of North America, No. 16-15522, 9th Cir., 2017 U.S. App. LEXIS 18055). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Illinois Federal Judge Says Disability Insurer Reasonably Terminated Benefits
CHICAGO - A disability insurer did not breach its contract or act unreasonably by terminating a claimant's total disability benefits because the evidence shows that the claimant was able to undertake a number of mentally and physically demanding activities, an Illinois federal judge said Sept. 14 (Henry G. Fiorentini v. Paul Revere Life Insurance Co., No. 15-3292, N.D. Ill., 2017 U.S. Dist. LEXIS 149392). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Appellate Panel Refuses To Rehear Plan's Arguments In Disability Benefits Suit
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on Sept. 11 refused to reconsider its finding that a woman was totally disabled under the terms of her Employee Retirement Income Security Act-governed long-term disability plan and that the plan administrator did not satisfactorily supported its conclusion that she was ever capable of full-time work after November 2007 (Jill Marcin v. Reliance Standard Life Insurance Co., et al., No. 16-7125, D.C. Cir., 2017 U.S. App. LEXIS 17551). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Disability Insurer's Benefits Denial Was Not Arbitrary, Capricious, Federal Judge Says
YOUNGSTOWN, Ohio - An Ohio federal judge on Sept. 25 determined that a disability insurer's denial of long-term disability (LTD) benefits based on the plan's any-occupation standard was not arbitrary and capricious and found merit in the insurer's argument that the claimant's history of drug abuse would preclude him from benefits under the plan's two-year limitation provision for drug and alcohol abuse (Robert M. Hoperich v. Aetna Life Insurance Co., No. 16-2590, N.D. Ohio, 2017 U.S. Dist. LEXIS 156490). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Colorado Federal Judge Affirms Denial Of LTD Claim Based On Pre-Existing Limitation
DENVER - A Colorado federal judge on Sept. 29 determined that a plan administrator's denial of long-term disability (LTD) benefits based on the plan's pre-existing condition limitation was not arbitrary and capricious because substantial evidence supports the plan administrator's finding that the disability for which the claimant sought benefits was likely caused by a pre-existing condition (Michael Green v. Life Insurance Company of North America, No. 16-2366, D. Colo., 2017 U.S. Dist. LEXIS 160900). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Termination Of Disability Benefits Based On Plan's Limitation Was Reasonable
SAN FRANCISCO - A disability insurer's termination of benefits based on the plan's self-reported symptoms limitation was reasonable because the claimant did not provide any additional evidence supporting her disability, the Ninth Circuit U.S. Court of Appeals said Sept. 22 (Robin Curran v. United of Omaha Life Insurance Co., and United of Omaha Life Insurance Co. v. Robin Curran, Nos. 15-56599, 15-56668, 9th Cir., 2017 U.S. App. LEXIS 18443). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Arbitrary And Capricious Standard Of Review Applies In Disability Benefits Dispute
NEW YORK - An arbitrary and capricious standard of review will be applied in a disability benefits dispute because the plan at issue clearly granted discretionary authority to the insurer and the claimant failed to carry the burden of proving that a de novo standard of review should be applied, a New York federal judge said Sept. 26 (Laurie Tietjen v. Unum Life Insurance Company of America, No. 16-7021, S.D. N.Y., 2017 U.S. Dist. LEXIS 157721). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Disability Insurer Seeks High Court's Review Of 2nd Circuit's Offset Ruling
WASHINGTON, D.C. - The Second Circuit U.S. Court of Appeals erred in finding that New York law bars the offset of disability benefits when a claim for personal injuries is settled because the decision conflicts with rulings in other circuits and because the New York law is preempted by the Employee Retirement Income Security Act, a disability insurer argues in a Sept. 19 petition for writ of certiorari filed in the U.S. Supreme Court (Aetna Life Insurance Co. v. Salvatore Arnone, No. 17-416, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 3637). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

Award Of Attorney Fees Warranted As Disability Claimant Achieved Some Success
SAN FRANCISCO - A California federal judge on Sept. 14 awarded a disability claimant more than $100,000 in attorney fees after determining that the award was warranted because the claimant achieved "some degree" of success on the merits (Robert Bosley v. Metropolitan Life Insurance Co., No. 16-00139, N.D. Calif., 2017 U.S. Dist. LEXIS 149453). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 10, 2017 Category: Medical Law Source Type: news

The Girlfriend of the Las Vegas Gunman Has Returned to the U.S., Greeted By Investigators
(MANILA/LOS ANGELES) — The girlfriend of a retiree who killed 58 people and then himself in a shooting rampage in Las Vegas arrived from the Philippines in Los Angeles, where FBI agents hoped to question her about the massacre, law enforcement officials said. Marilou Danley, who U.S. authorities have described as a “person of interest” in the investigation, left Manila on Tuesday evening aboard Philippine Airlines Flight PR 102, according to Philippines immigration spokeswoman Antonette Mangrobang. The non-stop flight arrived as scheduled at about 7:30 p.m. local time on Tuesday at Los Angeles Internation...
Source: TIME.com: Top Science and Health Stories - October 4, 2017 Category: Consumer Health News Authors: Lisa Baertlein and Manuel Mogato / Reuters Tags: Uncategorized Crime las vegas shooting Nevada onetime Source Type: news

District Court Correctly Found Disability Claimant Is Owed Benefits, Panel Says
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 28 affirmed a district court's reinstatement of a disability claimant's long-term disability (LTD) benefits after determining that the lower court did not err in finding that the claimant submitted sufficient medical evidence supporting his inability to work (Mohamed Ahmed Mokbel-Aljahmi v. United Omaha Life Insurance Co., No. 16-2616, 6th Cir., 2017 U.S. App. LEXIS 16587). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 12, 2017 Category: Medical Law Source Type: news

Federal Judge Remands LTD Claim To Plan Administrator For Full, Fair Review
PHOENIX - A disability insurer abused its discretion by failing to consider all of the available evidence and by failing to engage in a meaningful dialogue with the claimant during the handling of the benefits claim, an Arizona federal judge said Sept. 1 in remanding the claim to the plan administrator (Wendy S. Vaughan v. Reliance Standard Life Insurance Co., No. 16-341, D. Ariz., 2017 U.S. Dist. LEXIS 143169). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 12, 2017 Category: Medical Law Source Type: news