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Disability Insurer Abused Its Discretion In Terminating Benefits, Panel Says
RICHMOND, Va. - A disability insurer abused its discretion in terminating a claimant's long-term disability (LTD) benefits because a wealth of medical evidence supports a finding that the claimant was not capable of working in a sedentary position and was totally disabled under the terms of the disability plan, the Fourth Circuit U.S. Court of Appeals said June 20 (Fredrick E. Smith, et al. v. Reliance Standard Life Insurance Co., No. 18-2225, 4th Cir., 2019 U.S. App. LEXIS 18518). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 8, 2019 Category: Medical Law Source Type: news

Oregon Federal Judge Says Claimant's LTD Benefits Must Be Reinstated
PORTLAND, Ore. - A disability claimant is entitled to reinstatement of long-term disability (LTD) benefits because the claimant provided sufficient evidence that his disability was ongoing and that the insurer's termination of benefits was an abuse of discretion, an Oregon federal judge said June 10 (David Black v. Hartford Life Insurance Co., No. 17-1785, D. Ore., 2019 U.S. Dist. LEXIS 96711). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - July 8, 2019 Category: Medical Law Source Type: news

High Court Denies Disability Claimant's Petition To Review Termination Of Benefits Ruling
WASHINGTON, D.C. - The U.S. Supreme Court on June 10 denied a disability claimant's petition for writ of certiorari, refusing to review the 11th Circuit Court of Appeals' finding that a disability insurer had a reasonable basis for terminating the claimant's disability benefits (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 - July 8, 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

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

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

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

Disability Claimant's Bad Faith, Breach Of Contract Suit Dismissed As Untimely
FORT LAUDERDALE, Fla. - A Florida federal judge on May 31 dismissed a disability claimant's complaint after determining that the claimant's breach of contract and bad faith allegations are barred by the policy's three-year limitations provision and Delaware's applicable three-year statute of limitations (Douglas Kuber v. The Prudential Insurance Company of America, No. 19-80151, S.D. Fla., 2019 U.S. Dist. LEXIS 92468). (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's Denial Of Claim Based On Late Notice Was Not Abuse Of Discretion
BOSTON - A disability insurer did not abuse its discretion or act unreasonably in denying a claim for short-term disability benefits based on the claimant's failure to file the claim within 30 days as required by the plan because the insurer's denial based on the late notice was supported by substantial evidence, a Massachusetts federal judge said May 10 (Nancy Lyman v. UNUM Group, et al., No. 17-11530, D. Mass., 2019 U.S. Dist. LEXIS 79516). (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 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

Disability Benefits Properly Calculated According To Plan Terms, Panel Says
SEATTLE - The Ninth Circuit U.S. Court of Appeals on May 21 determined that a district court did not err in finding that a disability insurer properly calculated a claimant's long-term disability (LTD) benefits because the claimant's benefits were calculated in accordance with the plan's terms (Deborah A. Johnson v. General Electric Co. et al., No. 18-35581, 9th Cir., 2019 U.S. App. LEXIS 15019). (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, Claimant Reach Agreement In Dispute Over Calculation Of Benefits
SAN FRANCISCO - Following the settlement of a long-term disability (LTD) benefits dispute, the Ninth Circuit U.S. Court of Appeals on June 3 dismissed the disability insurer's appeal of a district court decision to remand the claim to the plan administrator to recalculate the claimant's monthly benefits to include the claimant's commissions and monthly and quarterly bonuses (Remy Renault v. Unum Life Ins. Co. of America, et al., No. 19-55254, 9th Cir., 2019 U.S. App. LEXIS 16740). (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

Overpayment Claim In NFL Disability Benefits Dispute Will Proceed
TAMPA, Fla. - A Florida federal judge on May 28 allowed a former National Football League player's claim regarding overpayment of disability benefits to proceed after determining that the overpayment issue is separate and distinct from the issue of whether the plan abused its discretion in terminating the player's benefits (Tyrone Keys v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, et al., No. 18-2098, M.D. Fla., 2019 U.S. Dist. LEXIS 88486). (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

Issues Of Fact Exist As To Whether Claimant Is Owed Total Disability Benefits
WEST PALM BEACH, Fla. - A Florida federal judge on May 30 denied a disability income insurer's motion for summary judgment and referred the disability claimant's suit to a federal magistrate judge for a settlement conference after determining that questions of fact exist as to whether the claimant was entitled to total disability benefits under the policy (Joseph J. Thomas v. The Northwestern Mutual Life Insurance Co., No. 18-14166, S.D. Fla., 2019 U.S. Dist. LEXIS 90543). (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