Summary Judgment Ruling On Tort Claims In Bad Faith Dispute Upheld
CINCINNATI - A federal district court did not abuse its discretion in sua sponte dismissing an insured's bifurcated tort claims against his long-term disability insurance provider because the insured failed to submit all of his evidence in support of his claims in responding to the insurer's motion for summary judgment on the insurer's breach of contract claim, a Sixth Circuit U.S. Court of Appeals panel affirmed Feb. 7 (James H. Pogue v. Northwestern Mutual Life Insurance Co., No. 18-5291, 6th Cir., 2019 U.S. App. LEXIS 3943). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news
Bad Faith Claim Dismissed; Classification Of Disability Was Not Made In Bad Faith
COLUMBUS, Ohio - A bad faith claim cannot stand because the insured failed to prove that the defendant insurers acted in bad faith in classifying the insured's disability as being caused by a sickness rather than an injury, an Ohio federal judge said Feb. 19 (Mukesh R. Shah, M.D. v. Metropolitan Life Insurance Co., et al., No. 16-1124, S.D. Ohio, 2019 U.S. Dist. LEXIS 25695). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news
11th Circuit Upholds Ruling Finding Woman's Claim For Future Benefits Premature
ATLANTA - A woman's request for a declaration from her life insurance company that she is entitled to future total disability benefits under a policy governed by the Employee Retirement Income Security Act was properly dismissed by a federal judge in Florida, an 11th Circuit U.S. Court of Appeals panel ruled Feb. 8, holding that there is no ripe claim without an adverse determination by the insurer (Theresa Peer v. Life Liberty Assurance Co., No. 18-13173, 11th Cir., 2019 U.S. App. LEXIS 3956). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news
Disability Benefits Reinstated; Termination Was Arbitrary, Capricious, Judge Says
NASHVILLE, Tenn. - A Tennessee federal judge on March 5 reinstated a disability claimant's benefits after determining that the insurer acted arbitrarily and capriciously in terminating the benefits because the evidence does not support a finding that the claimant is capable of earning 50 percent of his pre-disability salary as required by the plan (Gary Carty v. Metropolitan Life Insurance Co., et al., No. 15-1186, M.D. Tenn., 2019 U.S. Dist. LEXIS 35992). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news
Judge: MetLife's LTD Determination Was 'Made In Arbitrary And Capricious Manner'
NEW YORK - A New York federal judge on Feb. 15 remanded the determination of a Morgan Stanley employee's long-term disability (LTD) benefits to Metropolitan Life Insurance Co., noting that it "is time for MetLife to do its job" by providing a "full and fair review" of the employee's claim that his benefits eligible earnings (BEE) is too low (Vincent Ricciardi v. Metropolitan Life Insurance Company, et al., No. 16-3805, S.D. N.Y., 2019 U.S. Dist. LEXIS 25240). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news
Disability Claimant's Suit Dismissed For Failure To File Within 180 Days
ST. LOUIS - A disability claimant's suit alleging wrongful denial of short-term disability (STD) benefits must be dismissed because the claimant failed to file the suit within 180 days after the denial of her appeal as required by the plan, a Missouri federal judge said March 4 (Tiffany Ausler v. Aetna Life Insurance Co., No. 18-315, E.D. Mo., 2019 U.S. Dist. LEXIS 33486). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news
2019 Healthiest Employers: CBIZ
Description: Offers an array of professional services, including accounting, tax risk advisory, government health care, real estate consulting, valuation, benefits consulting, property and casualty insurance, payroll, life insurance, retirement, HR consulting and executive recruitment services
Top local executives: Jeff Carlstedt, senior managing director of CBIZ MHM of Kansas City; Polly Thomas, business unit president of CBIZ Benefits and Insurance Services of Kansas City
Founded: Both local… (Source: bizjournals.com Health Care:Physician Practices headlines)
Source: bizjournals.com Health Care:Physician Practices headlines - February 22, 2019 Category: American Health Source Type: news
Disability Insurer Must Consider Actual Duties Of Claimant's Own Occupation
PHILADELPHIA - A disability insurer was required to consider the actual duties of a claimant's occupation rather than the duties of the occupation as performed in the national economy because the plan clearly defined the term "own occupation" as the work the claimant was performing immediately before the onset of the disability, the Third Circuit U.S. Court of Appeals said Feb. 7 in affirming a district court's opinion (Christopher Patterson v. Aetna Life Insurance Co., No. 17-3566, 3rd Cir., 2019 U.S. App. LEXIS 3902). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news
Disability Claimant Is Not Disabled Under Any-Occupation Standard, Judge Says
WASHINGTON, D.C. - A disability insurer did not wrongfully terminate a claimant's long-term disability (LTD) benefits because the claimant failed to prove that she was incapable of performing the duties of any occupation, a District of Columbia federal judge said Feb. 1 (Josephine Kemathe v. Reliance Standard Life Insurance Co., No. 17-903, D. D.C., 2019 U.S. Dist. LEXIS 16248). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news
Substantial Evidence Supports Insurer's Termination Of LTD Benefits
FORT SMITH, Ark. - A disability insurer did not abuse its discretion in terminating a claimant's long-term disability(LTD) benefits under the plan's any-occupation standard because there is substantial evidence supporting the insurer's termination of benefits, an Arkansas federal judge said Jan. 16 (Dwight W. Phelan v. Unum Life Insurance Company of America, No. 18-2049, W.D. Ark., 2019 U.S. Dist. LEXIS 7699). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news
Evidence Supports Insurer's Finding That Claimant Was Not Totally Disabled
PHOENIX - A disability insurer did not breach its contract or act in bad faith by denying a claim for benefits because the evidence supports a finding that the claimant was not totally disabled, an Arizona federal judge said Jan. 30 (Cynthia Cheney v. United States Life Insurance Company in the City of New York, et al., No. 17-0004, D. Ariz., 2019 U.S. Dist. LEXIS 14742). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news
Untimely Demand For Jury Trial Permitted In Disability Coverage Suit
NEW ORLEANS - A Louisiana federal judge on Jan. 29 denied an insurer's motion to strike a disability claimant's untimely demand for a jury trial after determining that the untimely demand will cause no disruption to the court's calendar and will not cause any prejudice to the insurer (Jeffrey Avena v. Massachusetts Mutual Life Insurance Co., No. 18-9406, E.D. La., 2019 U.S. Dist. LEXIS 13902). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news
Panel Denies Disability Claimant's Motion To Transfer Attorney Fee Question
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 14 denied a disability claimant's motion to transfer consideration of attorney fees to the district court, which will be considering the source of a claimant's disability on remand, because the claimant has not yet achieved any degree of success on the merits (Miae Decovich v. Anthem Life Insurance Co., No. 17-15324, 9th Cir., 2019 U.S. App. LEXIS 1218). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news
Claimant Achieved Success When Disability Claim Was Remanded, Federal Judge Says
BOSTON - A disability claimant is entitled to an award of attorney fees based on the claimant's success in having the claim remanded to the administrator for further review; however, the amount of attorney fees to which the claimant is entitled cannot be calculated until after the claimant's administrative appeal is resolved, a Massachusetts federal judge said Jan. 28 (Brian Host v. First Unum Life Insurance Co., et al., No. 13-11578, D. Mass., 2019 U.S. Dist. LEXIS 12832). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news
Transamerica Project Attracts $9.2M Sale (Real Deals)
A limited liability company led by Larry Crain Jr. purchased the 1400 Centerview Drive project and an adjoining 8.57-acre tract from Transamerica Life Insurance Co. of Cedar Rapids, Iowa. (Source: Arkansas Business - Health Care)
Source: Arkansas Business - Health Care - January 21, 2019 Category: American Health Source Type: news
