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
Extra-Record Discovery Request Granted In Disability Dispute
GREENBELT, Md. - A Maryland federal judge on Sept. 5 issued a letter order granting a disability claimant's motion for extra-record discovery after determining that the claimant met her burden of establishing that the administrative record does not provide sufficient evidence to address her claim that the disability insurer's termination of benefits was affected by a conflict of interest (Holly Chughtai v. Metropolitan Life Insurance Co., No. 19-848, D. Md., 2019 U.S. Dist. LEXIS 154304). (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
Vapers – like smokers – may now pay more for life insurance
Insurance company Prudential will treat users of e-cigarettes like smokers, making their policies more expensive (Source: Health News: CBSNews.com)
Source: Health News: CBSNews.com - October 10, 2019 Category: Consumer Health News Source Type: news
AIA launches initiative to promote sleep sufficiency in the APAC region
AIA, the largest public listed pan-Asian life insurance group, yesterday announced in Singapore a new initiative designed to help combat sleep deprivation – a critical health issue in Asia. The initiative has a hashtag called #OneMoreHour, aims to raise awareness about the health benefits associated with getting sufficient sleep. (Source: mobihealthnews)
Source: mobihealthnews - September 17, 2019 Category: Information Technology Source Type: news
Disability Insurer Did Not Err In Denying Benefits Under Any-Occupation Standard
MILWAUKEE - A disability insurer's denial of long-term disability (LTD) benefits was not arbitrary and capricious because the insurer reasonably concluded that a claimant was not disabled from performing the duties of any occupation, a Wisconsin federal judge said Aug. 26 (Christopher Wilcox v. Aetna Life Insurance Co., No. 18-463, E.D. Wis., 2019 U.S. Dist. LEXIS 144903). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 9, 2019 Category: Medical Law Source Type: news
Insurer Properly Denied Request For Additional LTD Benefits, Judge Says
HARRISBURG, Pa. - A disability insurer did not act arbitrarily and capriciously in denying a claim for additional long-term disability (LTD) benefits after the claimant exhausted the plan's 24-month maximum benefit period because the insurer reasonably found that the claimant did not provide objective evidence to support a continuing disability, a Pennsylvania federal judge said Aug. 15 (Brendan Roden-Reynolds v. Metropolitan Life Insurance Co., et al., No. 18-0897, M.D. Pa., 2019 U.S. Dist. LEXIS 137752). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 9, 2019 Category: Medical Law Source Type: news
STD Claim Remanded; Claimant Denied Full, Fair Review, Judge Says
LAS VEGAS - A Nevada federal judge on Aug. 8 remanded a short-term disability (STD) claim to the plan administrator because the record reflects that the claimant was denied a full and fair review when the disability insurer denied the STD claim before receiving medical records from the claimant's treating physicians (Paul Speca v. Aetna Life Insurance Co., No. 18-835, D. Nev., 2019 U.S. Dist. LEXIS 134166). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 9, 2019 Category: Medical Law Source Type: news
Denial Of LTD Benefits Was Not Arbitrary Or Capricious, Judge Finds
CLEVELAND - A disability insurer did not act arbitrarily and capriciously in denying a long-term disability (LTD) benefits claim because the medical evidence did not support a finding that the claimant was entitled to LTD benefits as a result of a heart attack and cognitive problems, an Ohio federal judge said Aug. 21 (Kenneth Radsvick v. United of Omaha Life Insurance Co., No. 18-1872, N.D. Ohio, 2019 U.S. Dist. LEXIS 142060). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 9, 2019 Category: Medical Law Source Type: news
Termination Of Benefits Was Arbitrary, Capricious, Pennsylvania Federal Judge Says
ALLENTOWN, Pa. - A disability insurer's termination of benefits was arbitrary and capricious because the insurer failed to provide reliable evidence supporting its decision and the insurer rejected the opinion of the claimant's treating physician without providing a reason for doing so, a Pennsylvania federal judge said Aug. 27 in granting judgment in favor of the disability claimant (Leo Noga v. Reliance Standard Life Insurance Co., No. 18-3455, E.D. Pa., 2019 U.S. Dist. LEXIS 145227). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 9, 2019 Category: Medical Law Source Type: news
ERISA Preempts State Law Claims Against Disability Insurer, Judge Says
LAS VEGAS - A Nevada federal judge on Sept. 3 granted a disability insurer's motion to dismiss after determining that the disability claimant's state law claims are preempted by the Employee Retirement Income Security Act; however, the judge granted the disability claimant leave to amend the complaint to add factual allegations in support of the argument that ERISA's governmental exception applies as a bar to preemption (Michael Gray v. Reliance Standard Life Insurance Co., No. 18-1551, D. Nev., 2019 U.S. Dist. LEXIS 149226). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 9, 2019 Category: Medical Law Source Type: news
Alabama Federal Judge Awards Disability Claimant Attorney Fees, Costs
DOTHAN, Ala. - An Alabama federal judge on Aug. 13 awarded a disability claimant attorney fees and costs after determining that the claimant achieved some degree of success on the merits and after finding that the disability insurer acted with culpability as it failed to consider all relevant information before making a benefits determination (Richard P. Shultz v. Aetna Life Insurance Co., et al., No. 16-94, M.D. Ala., 2019 U.S. Dist. LEXIS 135979). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 9, 2019 Category: Medical Law Source Type: news
Tampered infant formula, denying life insurance over anxiety: CBC's Marketplace consumer cheat sheet
CBC's Marketplace rounds up the consumer and health news you need from the week, including non-disparagement clauses, tampered infant formula and life insurance denied over anxiety disorder. (Source: CBC | Health)
Source: CBC | Health - August 18, 2019 Category: Consumer Health News Tags: News/Business Source Type: news
Disability Insurer's Denial Of Benefits Was Reasonable Based On Medical Evidence
MONTGOMERY, Ala. - A disability insurer did not act arbitrarily and capriciously in denying total disability benefits to a claimant because the insurer's decision was reasonable based on the medical evidence, an Alabama federal judge said July 12 (Anthony Bowman v. Reliance Standard Life Insurance Co., No. 11-1046, M.D. Ala., 2019 U.S. Dist. LEXIS 116110). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 12, 2019 Category: Medical Law Source Type: news
Disability Claimant Seeks High Court Review On Any- Occupation Standard
PHILADELPHIA - The U.S. Supreme Court should review 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 because a conflict exists among the circuit courts as to whether it would be futile for the disability claimant on remand to seek benefits under a plan's any-occupation standard if benefits were previously denied under a plan's own-occupation standard, the disability claimant maintains in a July 26 petition for writ of certiorari (Thomas P. Kelly Jr. v. Re...
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 12, 2019 Category: Medical Law Source Type: news
Question Of Fact Exists As To Whether Claimant Can Perform Other Occupations
BRIDGEPORT, Conn. - A Connecticut federal judge on July 9 determined that a trial must be scheduled in a disability benefits suit because a question of fact exists as to whether the claimant can become qualified for the occupations identified by the disability insurer (Jeff Schuman v. Aetna Life Insurance Co., et al, No. 15-1006, D. Conn., 2019 U.S. Dist. LEXIS 113375). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 12, 2019 Category: Medical Law Source Type: news
