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
Termination Of Disability Benefits Was Improper Based On Claimant's Restrictions
RIVERSIDE, Calif. - A disability insurer's termination of long-term disability (LTD) benefits was improper because the evidence shows that the claimant could not type for more than 60 minutes a day and her usual occupation required five to six hours of typing per day, a California federal judge said March 11 in entering judgment in favor of the claimant (Jennett Harlow v. Metropolitan Life Insurance Co., et al., No. 17-2091, C.D. Calif., 2019 U.S. Dist. LEXIS 40890). (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
Termination Of LTD Benefits Was Arbitrary, Capricious, Judge Concludes
ANN ARBOR, Mich. - A disability insurer's termination of long-term disability (LTD) benefits was arbitrary and capricious because the insurer improperly ignored favorable evidence submitted by the claimant's treating physicians and selectively reviewed the medical evidence, a Michigan federal judge said March 20 (Christopher Carr v. Metropolitan Life Insurance Co., No. 17-14101, E.D. Mich., 2019 U.S. Dist. LEXIS 45421). (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
Federal Judge Says Bench Trial Is Necessary To Resolve Disability Benefits Dispute
BALTIMORE - A Maryland federal judge on March 12 denied motions for summary judgment filed by both the plaintiff and defendant after determining that a bench trial is necessary before deciding whether a disability claimant is owed long-term disability (LTD) benefits under the plan's any-occupation standard (Pamela Mantica v. Unum Life Insurance Company of America, No. 18-0632, D. Md., 2019 U.S. Dist. LEXIS 40007). (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
Termination Of LTD Benefits Was Not Abuse Of Discretion, Maryland Federal Judge Says
BALTIMORE - A disability insurer's termination of long-term disability (LTD) benefits was not an abuse of discretion, a Maryland federal judge said March 25, noting that substantial evidence supported the insurer's termination (Rosalyn Irving v. The Unum Life Insurance Company of America, No. 17-3206, D. Md., 2019 U.S. Dist. LEXIS 49261). (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
Termination Of Disability Benefits Was Not Arbitrary And Capricious, Judge Says
SAVANNAH, Ga. - A disability insurer's termination of long-term disability (LTD) benefits was not arbitrary and capricious because the medical evidence supports the insurer's conclusion that the claimant is not disabled from working in any gainful occupation, a Georgia federal judge said March 18 (Michelle Lord v. American General Life Insurance Company of Delaware, No. 17-167, S.D. Ga., 2019 U.S. Dist. LEXIS 43992). (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
Judge Says Termination Of Disability Benefits Was Not Arbitrary, Capricious
PITTSBURGH - A Pennsylvania federal judge on March 12 determined that a disability insurer's termination of benefits was not arbitrary and capricious because the medical evidence supports the insurer's finding that the claimant was not totally disabled from any occupation under the terms of the policy (Diane M. Litvinuk-Roach v. Reliance Standard Life Insurance Co., No. 18-276, W.D. Pa., 2019 U.S. Dist. LEXIS 38943). (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 Denies Request To Supplement Record In Disability Benefits Suit
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on March 12 denied a disability claimant's motion to supplement the record on appeal with documents from her Social Security Disability Insurance (SSDI) claim because the Social Security Administration's (SSA) award of benefits was based on a different definition of disability than the "any occupation" definition relied on by the plan (Alice McBurnie v. Life Insurance Company of North America, No. 17-55915, 9th Cir., 2019 U.S. App. LEXIS 7254). (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
