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 10, 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 10, 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 10, 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 10, 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 10, 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
