Disability Claimant's Breach Of Contract, Bad Faith Suit Remanded
SANTA ANA, Calif. - A disability claimant's breach of contract and bad faith suit must be remanded to state court because the insurer failed to prove that the claimant is seeking more than $75,000 in damages, a California federal judge said May 23 (Sabrina Dakak v. Fidelity Security Life Insurance Co., No. 19-247, C.D. Calif., 2019 U.S. Dist. LEXIS 87367). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news
Disability Insurer Removes Breach Of Contract, Bad Faith Suit To Federal Court
LOS ANGELES - A disability claimant's suit seeking benefits under an individual disability income policy and alleging claims for breach of contract and bad faith must be removed to California federal court because the amount in controversy exceeds the federal jurisdictional minimum of $75,000, the insurer maintains in a May 14 notice of removal (Julie Borba, M.D. v. The Northwestern Mutual Life Insurance Co., et al., No. 19-4172, C.D. Calif.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - June 11, 2019 Category: Medical Law Source Type: news
AIA signs exclusive Asia Pacific partnership with Medix
Last week, AIA, the largest public listed pan-Asian life insurance group, announced a landmark partnership with Medix, a global health management solutions provider that will benefit AIA customers in the Asia Pacific region. Under the expanded regional partnership, building on already successful collaborations between AIA and Medix in Hong Kong and Singapore, AIA and Medix will work together to launch in more markets in 2019, including Indonesia, Malaysia, Thailand and Australia.
What ’s it about (Source: mobihealthnews)
Source: mobihealthnews - May 27, 2019 Category: Information Technology Source Type: news
Claimant Not Disabled From Regular Occupation, 5th Circuit Panel Says
NEW ORLEANS - A district court did not err in granting a disability insurer's motion for summary judgment because the insurer properly denied a claim for long-term disability benefits under the policy, the Fifth Circuit U.S. Court of Appeals said April 26 in noting that the claimant is not disabled from his regular occupation (Deo G. Shanker v. United of Omaha Life Insurance Co., No. 18-20616, 5th Cir., 2019 U.S. App. LEXIS 12555). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news
Substantial Evidence Supports Disability Insurer's Termination Of Benefits
NEW ORLEANS - A disability insurer did not abuse its discretion in terminating a claimant's long-term disability (LTD) benefits because substantial evidence supported the insurer's finding that the claimant was not disabled from her own occupation as an attorney as a result of migraine headaches, the Fifth Circuit U.S. Court of Appeals said April 4 (Amanda C. Foster v. Principal Life Insurance Co., No. 17-30997, 5th Cir., 2019 U.S. App. LEXIS 9946). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news
Jury Verdict In Favor Of Disability Claimant Supported By Evidence
DENVER - A Colorado federal judge on April 26 denied a disability insurer's renewed motion for judgment as a matter of law after determining that a jury's verdict in favor of the disability claimant was supported by the evidence presented at trial (Brenda Sandoval v. Unum Life Insurance Company of America, No. 17-644, D. Colo., 2019 U.S. Dist. LEXIS 70891). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news
Evidence Supports Finding That Claimant Is Disabled From Any Occupation
DETROIT - A disability claimant's benefits must be reinstated because the evidence supports a finding that the claimant is not capable of performing the duties of any occupation, a Michigan federal judge said April 10 (Carianne DeRoo v. Unum Life Insurance Company of America, No. 18-11216, E.D. Mich., 2019 U.S. Dist. LEXIS 61531). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news
Denial Of Disability Benefits Was Not Abuse Of Discretion, Oregon Federal Judge Says
PORTLAND, Ore. - An Oregon federal judge on April 29 granted a disability insurer's motion for summary judgment after determining that the insurer did not abuse its discretion in denying a claim for long-term disability (LTD) benefits because the insurer's decision was not unreasonable based on the evidence (Alison Gary v. Unum Life Insurance Company of America, No. 17-1414, D. Ore., 2019 U.S. Dist. LEXIS 71740). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news
Disability Insurer Says High Court's Review Is Not Warranted
WASHINGTON, D.C. - The U.S. Supreme Court should deny a disability claimant's petition for writ of certiorari because the questions presented by the claimant were not litigated in the lower courts and, therefore, are not suitable for the high court's review, the insurer argues in a May 2 response brief (Timothy P. O'Leary v. Aetna Life Insurance Co., No. 18-1266, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news
Disability, Life Insurance Plan Not Exempt From ERISA, Federal Judge Says
WHITE PLAINS, N.Y. - A disability and life insurance plan provided to employees of a public library is not exempt under the governmental agency exception in the Employee Retirement Income Security Act because the library does not qualify as an agency of the government of New York City or the borough of Brooklyn, a New York federal judge said April 18 in denying the disability claimant's motion to remand (Brian J. Skornick v. Principal Financial Group, et al., No. 18-4324, S.D. N.Y., 2019 U.S. Dist. LEXIS 66124). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news
Documents Will Not Be Excluded From Administrative Record, Magistrate Judge Says
MADISON, Wis. - A Wisconsin federal magistrate judge on May 3 denied a disability claimant's motion to exclude the plan's insurance certificate and appointment of claim fiduciary form from the administrative record after determining that the claimant failed to provide any citation to statutory or case law that requires the exclusion of the documents from the administrative record based on the claim administrator's failure to provide the documents to the claimant upon request (Joleen M. Lerch v. Life Insurance Company of North America, No. 18-589, W.D. Wis., 2019 U.S. Dist. LEXIS 74946). (Source: LexisNexis® Mealey's&#...
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news
Disability Claimant Defends Anti-Insurer Gripe Site, Opposes Contempt Motion
PORTLAND, Maine - Stating that his insurer's attorney "whines like a harpy," a pro se defendant filed a brief in Maine federal court April 12, opposing a motion for contempt by his long-term disability (LTD) provider over his relaunch of a website critical of the insurer that purportedly contained information that he was forbidden to post pursuant to a preliminary injunction in a lawsuit alleging defamation and trademark and copyright infringement (Symetra Life Insurance Co. v. Guy Raymond Emerson, No. 2:18-cv-00492, D. Maine). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - May 14, 2019 Category: Medical Law Source Type: news
Cigarette manufacturer branded 'twisted' for selling life insurance
The Campaign for Tobacco-Free Kids, based in the US, has criticised PMI for selling insurance, saying it's 'looking to profit any way it can from its addicted customers'. (Source: the Mail online | Health)
Source: the Mail online | Health - April 25, 2019 Category: Consumer Health News Source Type: news
Denial Of Attorney Fees In Disability Suit Must Be Reversed, Panel Majority Says
CINCINNATI - A district court erred in denying a disability claimant's request for attorney fees because the disability insurer's decision-making process in denying benefits was not legally supported, the majority of the Sixth Circuit U.S. Court of Appeals said April 1 in reversing the lower court's ruling (Kimberly J. Guest-Marcotte v. Life Insurance Company of North America, et al., No. 18-1948, 6th Cir., 2019 U.S. App. LEXIS 9481). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news
Panel Says Denial Of LTD Benefits Was Reasonable Based On Evidence
BOSTON - A disability plan did not act arbitrarily and capriciously in denying a claim for long-term disability (LTD) benefits because the plan's decision to deny the claim after determining that the claimant was not physically disabled from performing the duties of his sedentary occupation was reasonable and supported by the evidence, the First Circuit U.S. Court of Appeals said March 29 (Dionisio Santana-Diaz v. Metropolitan Life Insurance Co., No. 17-1428, 1st Cir., 2019 U.S. App. LEXIS 9368). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - April 9, 2019 Category: Medical Law Source Type: news
