LexisNexis® Mealey's™ Disability Insurance Legal News This is an RSS file. You can use it to subscribe to this data in your favourite RSS reader or to display this data on your own website or blog.

Florida Federal Judge Says Termination Of LTD Benefits Not Arbitrary, Capricious
JACKSONVILLE, Fla. - A Florida federal judge on Jan. 8 adopted a magistrate judge's recommendation to grant a disability insurer's motion for summary judgment after determining that the insurer's termination of benefits was not arbitrary and capricious (Rebecca McCook v. Aetna Life Insurance Co., No. 17-823, M.D. Fla., 2019 U.S. Dist. LEXIS 2946). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 15, 2019 Category: Medical Law Source Type: news

Disability Insurer Did Not Abuse Discretion In Denying STD Benefits, Panel Says
SAN FRANCISCO - A disability insurer did not abuse its discretion in terminating a claimant's short-term disability benefits because none of the claimant's treating physicians found that the claimant was functionally impaired from performing the duties of his own occupation, the Ninth Circuit U.S. Court of Appeals said Dec. 10 (Daniel Johnson v. Aetna Life Insurance Co., et al., No. 17-55501, 9th Cir., 2018 U.S. App. LEXIS 34657). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 15, 2019 Category: Medical Law Source Type: news

Panel Denies Rehearing, Allows Ruling In Disability Insurer's Favor To Stand
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 9 refused to reconsider its ruling that a district court did not err in concluding that a disability claimant was not disabled from his own occupation as an anesthesiologist because the medical evidence supported the insurer's finding that the claimant could perform the duties of his own occupation with appropriate accommodations (Timothy O'Neill D.O. v. Unum Life Insurance Company of America, No. 18-1382, 6th Cir., 2019 U.S. App. LEXIS 817). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - January 15, 2019 Category: Medical Law Source Type: news

Disability Suit Remanded; Insurer Failed To Prove Damages Exceed $75,000
LONDON, Ky. - A Kentucky federal judge on Nov. 15 remanded a disability claimant's breach of contract and bad faith suit after determining that the disability insurer failed to prove by a preponderance of the evidence that the claimant's damages will exceed the federal jurisdictional minimum of $75,000 (Connie L. Hacker v. Aetna Life Insurance Co., No. 18-30, E.D. Ky., 2018 U.S. Dist. LEXIS 194961). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

Statute Of Limitations Bars Breach Of Contract, Bad Faith Claims In Disability Suit
SAN FRANCISCO - A disability claimant cannot maintain claims for breach of contract and bad faith based on a 2013 denial of benefits because the applicable statute of limitations for breach of contract and bad faith allegations bars the claims, a California federal judge said Dec. 4 (Theresa Hong v. AXA Equitable Life Insurance Co., No. 18-4039, N.D. Calif., 2018 U.S. Dist. LEXIS 205336). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

Disability Claimant Argues Plan Was Not Prejudiced By Delay In Filing Appeal
BOSTON - The First Circuit U.S. Court of Appeals should reverse a district court's ruling in favor of a disability plan because the plan was not prejudiced by a 47-day delay in the filing of the disability claimant's appeal, the claimant argues in a Nov. 28 appellant brief (Theresa Fortier v. Hartford Life and Accident Insurance Co., No. 18-1752, 1st Cir.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

Insured's Breach Of Contract Claim Against Disability Insurer To Proceed
CHICAGO - An insured adequately alleged facts in support of a breach of contract claim against a disability insurer but failed to support a claim that the insurer acted vexatiously and unreasonably in refusing to renew the insured's disability policies, an Illinois federal judge said Nov. 21 (Donald Astar v. Northwestern Mutual Life Insurance Co., No. 18-4895, N.D. Ill., 2018 U.S. Dist. LEXIS 198434). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

Short-Term Disability Plan Did Not Constitute Contract Between Claimant, Employer
ST. LOUIS - A Missouri federal judge on Dec. 3 dismissed a disability claimant's breach of contract and bad faith claims after determining that the short-term disability (STD) plan under which the claimant seeks benefits did not constitute a contract between the claimant and the employer (Anne C. Hart v. Ascension Health Alliance, No. 18-1548, E.D. Mo., 2018 U.S. Dist. LEXIS 203974). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

Disability Claimant's Objections Rejected; Judgment Entered For Disability Plan
DETROIT - Finding no support for a disability claimant's objections to a magistrate judge's recommendation that judgment should be granted in favor of the disability plan defendant, a Michigan federal judge on Nov. 13 adopted the magistrate judge's report of recommendation (Marcie McConnell v. Nationwide Insurance Company Benefits Administrative Committee, No. 17-12869, E.D. Mich., 2018 U.S. Dist. LEXIS 192789). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

9th Circuit Remands Disability Suit To Reconsider Source Of Disability
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 3 remanded a disability claimant's suit after determining that the district court must determine the whether the source of a claimant's disability is physical or mental (Miae Decovich v. Anthem Life Insurance Co., No. 17-15324, 9th Cir., 2018 U.S. App. LEXIS 33890). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

3rd Circuit: Coverage Barred For Disability Stemming From Pre-Existing Depression
PHILADELPHIA - A Pennsylvania federal judge correctly determined that the administrative record in a disability coverage dispute supports the insurer's conclusion that a plan's pre-existing condition exclusion bars coverage for the claimant's disability, which stems from her pre-existing depression, the Third Circuit U.S. Court of Appeals said Nov. 26 (Yvonne Hilbert v. The Lincoln National Life Insurance Co., 17-2583, 3rd Cir., 2018 U.S. App. LEXIS 33133). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

District Court Did Not Err In Finding Claimant Was Not Disabled From Own Occupation
CINCINNATI - A district court did not err in concluding that a disability claimant was not disabled from his own occupation as an anesthesiologist because the medical evidence supported the disability insurer's conclusion that the claimant could perform the duties of his own occupation with appropriate accommodations, the Sixth Circuit U.S. Court of Appeals said Nov. 19 (Timothy O'Neill D.O. v. Unum Life Insurance Company of America, No. 18-1382, 6th Cir., 2018 U.S. App. LEXIS 32781). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

California Federal Judge Grants Parties' Request To Dismiss Disability Suit
SANTA ANA, Calif. - A California federal judge on Nov. 6 dismissed a disability claimant's suit against a long-term disability (LTD) insurer after the parties notified the court that they reached an agreement to dismiss the suit (Karen Compton v. Life Insurance Company of North America, et al., No. 18-184, C.D. Calif., 2018 U.S. Dist. LEXIS 192680). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

Termination Of Disability Benefits Was Unreasonable, Federal Judge Determines
JOPLIN, Mo. - A disability claimant is entitled to long-term disability (LTD) benefits under a plan's any-occupation standard because the plan's termination of benefits was unreasonable based on the fact that only one doctor, who performed a file review, determined that the claimant was not disabled under the any-occupation standard, a Missouri federal judge said Dec. 6 (Jamie S. Flanagan v. Lincoln National Life Insurance Co., No. 17-5060, W.D. Mo., 2018 U.S. Dist. LEXIS 206031). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news

Disability Insurer Conducted Full, Fair Review, Judge Says Following Bench Trial
LOS ANGELES - Following a bench trial in a short-term disability (STD) benefits dispute, a California federal judge on Nov. 26 granted judgment in favor of the disability insurer after determining that the insurer conducted a full and fair review of the disability claim and did not abuse its discretion in denying the claim for benefits (Yvette Williby v. Aetna Life Insurance Co., No. 14-4203, C.D. Calif., 2018 U.S. Dist. LEXIS 201708). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - December 17, 2018 Category: Medical Law Source Type: news