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.

Issue Of Fact Exists As To Whether Disability Insurer's Determination Was Reasonable
PHOENIX - A disability claimant's bad faith claim and request for punitive damages can proceed because the claimant presented an issue of fact as to whether the insurer's termination of disability benefits was reasonable, an Arizona federal judge said Nov. 1 in denying the insurer's motion for summary judgement (Kelly Ann Tyler v. United States Life Insurance Co., et al., No. 16-939, D. Ariz., 2018 U.S. Dist. LEXIS 187001). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Federal Judge Remands LTD Claim To Administrator For New Determination
LITTLE ROCK, Ark. - A disability insurer must reconsider a long-term disability (LTD) claim after reviewing the claimant's Social Security disability benefits records because the insurer represented to the claimant that the Social Security records would be considered as part of the review of the claimant's appeal, an Arkansas federal judge said Oct. 18 in remanding the claim to the administrator (Michael Buquoi v. United States Life Insurance Co., No. 18-093, E.D. Ark., 2018 U.S. Dist. LEXIS 179172). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - November 13, 2018 Category: Medical Law Source Type: news

Disability Suit Will Remain In California; Transfer To Georgia Not Warranted
SAN FRANCISCO - A California federal judge on Sept. 24 denied a disability plan's motion to transfer a disability claimant's suit to Georgia, where the claimant lived and was treated for his disability, after determining that the claimant's choice of forum is entitled to some deference and that none of the convenience factors weighs strongly in favor of transferring the suit (Mark Ennis v. Aetna Life Insurance Co. et al., No. 18-1617, N.D. Calif., 2018 U.S. Dist. LEXIS 163442). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Supreme Court Denies Review Of Service-Of-Suit Ruling In Disability Dispute
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 1 denied a petition for writ of certiorari seeking review of the Colorado Supreme Court's dismissal of two long-term disability insurance lawsuits based on its finding that the benefit plan governed by the Employee Retirement Income Security Act is not a proper defendant (Brenda Olivar v. Public Service Employee Credit Union Long Term Disability Plan, and Caroline Burton, et al. v. Colorado Access, et al., No. 17-1543, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

New York Federal Judge Adjusts Disability Claimant's Attorney Fee Award
CENTRAL ISLIP, N.Y. - A New York federal judge on Sept. 28 rejected a disability plaintiff's challenge to the hourly rate used by a magistrate judge to calculate attorney fees and adjusted an overall reduction in the amount of billed hours, resulting in an award of more than $222,000 in attorney fees in favor of the claimant (Janet Solnin v. Sun Life and Health Insurance Co., et. al., No. 08-2759, E.D. N.Y., 2018 U.S. Dist. LEXIS 168047). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Disability Claimant Failed To Exhaust Administrative Remedies, Judge Says
CHATTANOOGA, Tenn. - A Tennessee federal judge on Sept. 25 granted a disability insurer's motion for summary judgment and denied a disability claimant's motion for summary judgment because the claimant failed to exhaust all administrative remedies before filing suit and failed to prove that exhausting all administrative remedies would have been futile (Lisa House v. Unum Life Insurance Company of America et al., No. 17-220, E.D. Tenn., 2018 U.S. Dist. LEXIS 164124). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Supplemental Disability Policy Not Part Of Employee Welfare Benefit Plan, Judge Says
MINNEAPOLIS - A breach of contract claim is not preempted by the Employee Retirement Income Security Act because the supplemental disability policy at issue is not part of an employee welfare benefit plan under ERISA, a Minnesota federal judge said Sept. 14 in adopting a magistrate judge's recommendation to deny the insurer's motion for summary judgment (Matthew J. Christoff v. Paul Revere Life Insurance Co., No. 17-3515, D. Minn., 2018 U.S. Dist. LEXIS 157107). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Bad Faith Claim Against Disability Income Insurer Is Premature, Judge Says
TAMPA, Fla. - A Florida federal judge on Sept. 11 dismissed an insured's bad faith claim without prejudice after determining that the claim arising out of a disability income insurer's termination of benefits is premature (Susan Welsh v. General American Life Insurance Co., No. 18-1227, M.D. Fla., 2018 U.S. Dist. LEXIS 154487). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Disability Claimant Failed To Challenge District Court's Ruling, Panel Says
CINCINNATI - The Sixth Circuit U.S. Court of Appeal on Sept. 11 affirmed a district court's ruling in favor of a retirement benefits plan because the appellant, seeking retirement disability benefits, failed to challenge the district court's finding that the retirement plan was properly amended to delete a provision stating that a claimant would be considered totally disabled if the Social Security Administration (SSA) declared the claimant disabled (Patsy Saylor v. Appalachian Regional Hospital, No. 17-6266, 6th Cir., 2018 U.S. App. LEXIS 25828). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Arbitrary, Capricious Standard Of Review Applies, Federal Judge Determines
PIKEVILLE, Ky. - An arbitrary and capricious standard of review applies in disability suit because the disability plan delegates discretionary authority to the insurer for the administration of claims made under the plan, a Kentucky federal judge said Sept. 18 (Regina Hurd v. Life Insurance Company of North America, No. 18-67, E.D. Ky., 2018 U.S. Dist. LEXIS 158595). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Panel Reverses Dismissal Of Fiduciary Breach Claim Against Disability Plan
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 1 reversed and remanded a district court's dismissal of a disability plan participant's claims for breach of fiduciary duty and for failure to provide plan documents against the disability plan after determining that the district court failed to consider the plan participant's argument that the plan documents provided by the employer are somewhat different from the copies, provided by the plan insurer, in the administrative record (Michael N. Manuel v. Turner Industries Group LLC et al., No. 17-30835, 5th Cir., 2018 U.S. App. LEXIS 27810). (Source: LexisNexis
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Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Judge: ERISA Does Not Apply To Foreign Nationals Working Outside Of United States
PHILADELPHIA - After finding support for a disability claimant's argument that the Employee Retirement Income Security does not apply to foreign nationals working outside of the United States, a Pennsylvania federal judge on Sept. 27 rejected the insurer's argument that the claims are preempted under ERISA and remanded the disability claimant's suit to state court (Salih Bajrami v. Reliance Standard Life Insurance Co., No. 18-162, E.D. Pa., 2018 U.S. Dist. LEXIS 166098). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

2nd Circuit Affirms Denial Of Benefits Based On Plan's Mental Illness Provision
NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 7 affirmed a district court's ruling that a disability insurer did not act arbitrarily and capriciously in relying on the American Psychiatric Association's definition of mental illness when determining that bipolar disorder is a mental illness and subject to the plan's 24-month cap on disability benefits for a mental illness (Marry Kim v. The Hartford Life Insurance Co., No. 17-2122, 2nd Cir., 2018 U.S. App. LEXIS 25389). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Termination Of Disability Benefits Was Arbitrary And Capricious, Majority Says
CHICAGO - A disability insurer acted arbitrarily and capriciously when it failed to consider the opinions of four doctors in favor of one doctor who determined that a disability claimant was not disabled as a result of radiculopathy, a majority of the Seventh Circuit U.S. Court of Appeals said Sept. 14 reversing a district court's opinion and remanding the claim to the plan administrator (Susan Hennen v. Metropolitan Life Insurance Co., No. 17-3080, 7th Cir., 2018 U.S. App. LEXIS 26114). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news

Benefits Properly Denied Based On Disability Claimant's Pre-Existing Condition
DENVER - A disability insurer properly denied long-term disability (LTD) benefits based on the plan's pre-existing condition provision because the claimant was diagnosed with a condition that caused his loss of sight three months before filing a claim for disability benefits, the 10th Circuit U.S. Court of Appeals said Sept. 26 (Michael Green v. Life Insurance Company of North America, No. 17-1383, 10th Cir., 2018 U.S. App. LEXIS 27439). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 9, 2018 Category: Medical Law Source Type: news