LTD Benefits Must Be Paid Based On Claimant's Full Salary, Judge Determines
CHICAGO - A disability claimant's long-term disability (LTD) benefits must be based on the claimant's full salary and not a reduced salary incorrectly implemented for two months by his employer because the terms of the claimant's employment agreement provided that the claimant would receive a full salary beyond the date upon which the claimant became disabled, an Illinois federal judge said May 21 in granting the claimant's motion for summary judgment (David Schewitz, M.D. v. Aetna Life Insurance Co., No. 18-6119, N.D. Ill., 2019 U.S. Dist. LEXIS 85157). (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

Breach Of Fiduciary Claim Against Disability Insurer To Proceed, Judge Says
KANSAS CITY, Kan. - A Kansas federal judge on May 24 denied a disability insurer's motion to dismiss a breach of fiduciary duty claim arising out of the insurer's administration of a plan participant's benefits claim because dismissal of the breach of fiduciary allegation would be premature (Kelly Dean Brende v. Reliance Standard Life Insurance Co., Nos. 15-9711, 19-2042, D. Kan., 2019 U.S. Dist. LEXIS 87777). (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

LTD Benefits Claim Dismissed; Plaintiff Failed To Exhaust All Remedies
NEW ORLEANS - A Louisiana federal judge on May 9 dismissed a plaintiff's claim seeking long-term disability (LTD) benefits because the plaintiff failed to exhaust all administrative remedies on the LTD claim (Lea Zerangue v. The Lincoln National Life Insurance Co,, No. 19-1939, E.D. La., 2019 U.S. Dist. LEXIS 78446). (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

Alabama Federal Judge Denies Disability Insurers' Confidentiality Motion
MONTGOMERY, Ala. - An Alabama federal judge on May 17 denied a motion to uphold confidentiality designation in a disability benefits dispute after determining that the insurers failed to prove how they would be harmed if a number of exhibits are disclosed (Horace R. Theriot Jr. v. The Northwestern Mutual Life Insurance Co. et al., No. 18-688, M.D. Ala., 2019 U.S. Dist. LEXIS 87538). (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 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