8th Circuit Panel Says Disability Suit Properly Removed To Federal Court
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Sept. 10 affirmed a district court's denial of a disability claimant's motion to remand because the disability insurer properly notified the state court about the removal to federal court (Roger Brooks v. Liberty Life Assurance Company of Boston, No. 18-2612, 8th Cir., 2019 U.S. App. LEXIS 27226). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Insurer's Breach Of Contract Claim Against Broker In Disability Suit To Proceed
SAN FRANCISCO - A California federal judge on Sept. 27 denied a wholesale insurance broker's motion to dismiss a cross-complaint filed a by an insurer in a breach of contract and bad faith disability coverage dispute after determining that the insurer sufficiently alleged facts in support of its breach of contract claim (Andre Ward v. Certain Underwriters at Lloyd's of London, et al., No. 18-7551, N.D. Calif., 2019 U.S. Dist. LEXIS 167284). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Florida Federal Judge Allows Bad Faith Claim In Disability Dispute To Proceed
WEST PALM BEACH, Fla. - A Florida federal judge on Sept. 9 determined that a bad faith claim can proceed in a disability and life insurance dispute because the plaintiffs seeking benefits under the policies sufficiently alleged facts to support the bad faith claim (Douglas Kuber v. Berkshire Life Insurance Company of America, No. 19-80211, S.D. Fla., 2019 U.S. Dist. LEXIS 154379). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Disability Claimant's Petition Denied; 6th Circuit's Fraud On Court Ruling Stands
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied a disability claimant's pro se petition for writ of certiorari, refusing to review the Sixth Circuit U.S. Court of Appeals' ruling that the claimant's attorney did not commit fraud upon the court (Kyle D. Kennard v. Means Industries Inc., No. 19-98, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Disability Claimant's Suit Is Barred Based On Release Signed By Claimant
WASHINGTON, D.C. - A disability claimant is barred from filing suit against his former employer's disability plan administrator and disability insurer because the claimant signed a release as part of his separation agreement from the company and waived any right to any claims against his employer and certain other entities, a District of Columbia federal judge said Oct. 7 (Kim Keister v. AARP Benefits Committee, et al., No. 18-2385, D. D.C., 2019 U.S. Dist. LEXIS 173244). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Disability Claimant Provided Final Opportunity To File Summary Judgment Response
SACRAMENTO, Calif. - A California federal magistrate judge on Sept. 17 denied a disability insurer's motion to grant summary judgment on a disability claimant's remaining claims based on the claimant's failure to file a response to the insurer's motion and allowed the claimant one final opportunity to file a response after determining that an extension is warranted based on the claimant's pro se status (Jerome Clay v. AT&T Umbrella Benefit Plan No. 3, No. 17-749, E.D. Calif., 2019 U.S. Dist. LEXIS 159246). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Federal Magistrate Judge Recommends Dismissal Of Former NFL Player's Suit
NEW YORK - A New York federal magistrate judge on Sept. 5 recommended dismissing a former National Football League player's complaint after determining that the player failed to provide support for allegations that the NFL's retirement plan and its fiduciaries duty violated the Employee Retirement Income Security Act by refusing to reclassify players' disability benefits as football degenerative (FD) benefits despite evidence showing that the disabilities suffered by players were caused by numerous hits to the head and concussions sustained while playing in the NFL (Christopher Hudson, et al. v. National Football League Ma...
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

High Court Denies Disability Claimant's Petition On 'Regular Occupation' Ruling
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 refused to review the Fifth Circuit U.S. Court of Appeals' ruling in favor of a disability insurer on the insurer's interpretation of the term "regular occupation" (Juanita Nichols v. Reliance Standard Life Insurance Co., No. 19-242, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Termination Of Disability Benefits Was Not Arbitrary, Capricious, Judge Says
PORTLAND, Maine - A disability insurer's termination of long-term disability (LTD) benefits based on its finding that the claimant was not disabled from performing the duties of any occupation was reasonable based on the medical evidence and was not arbitrary and capricious, a Maine federal judge said Sept. 26 (Mitchell A. Weeman v. Life Insurance Company of North America, No. 18-278, D. Me., 2019 U.S. Dist. LEXIS 165369). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Federal Judge Reinstates LTD Benefits, Says Insurer's Termination Is Not Supported
AKRON, Ohio - An Ohio federal judge on Sept. 11 reinstated a disability claimant's long-term disability (LTD) benefits after determining that the termination of her benefits was arbitrary and capricious because the insurer selectively reviewed the medical evidence to support its denial (Kristina Rossiter v. Life Insurance Company of North America, No. 18-1421, N.D. Ohio, 2019 U.S. Dist. LEXIS 155126). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Denial Of LTD Benefits Was Arbitrary, Capricious, Federal Judge Determines
ASHLAND, Ky. - A Kentucky federal judge on Sept. 24 remanded a long-term disability (LTD) claim and life insurance with waiver of premium (LWOP) claim to the disability plan administrator after determining that the administrator's termination of LTD and LWOP benefits was arbitrary and capricious (Lewis Bustetter v. Standard Insurance Co., No. 18-1, E.D. Ky., 2019 U.S. Dist. LEXIS 163075). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

LTD Benefits Must Be Reinstated, Utah Federal Judge Determines
SALT LAKE CITY - A Utah federal judge on Sept. 24 determined that a disability claimant's long-term disability (LTD) benefits must be reinstated because the insurer's termination of benefits was arbitrary and capricious based on the lack of medical evidence to support its termination (Don Foust v. Lincoln National Life Insurance Co., No. 17-1208, D. Utah, 2019 U.S. Dist. LEXIS 164576). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Termination Of Disability Benefits Was Not Reasonable; Judge Reinstates Benefits
RIVERSIDE, Calif. - A California federal judge on Sept. 30 reversed a disability plan administrator's termination of long-term disability (LTD) benefits and ordered that the benefits be reinstated after determining that the medical evidence supports a finding that the claimant is disabled from working in any occupation (Julie Hinds v. Life Insurance Company of North America, No. 18-775, C.D. Calif., 2019 U.S. Dist. LEXIS 169478). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

High Court Denies Review Of Claimant's Petition On Any-Occupation Standard
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied a disability claimant's petition for writ of certiorari, refusing to consider the Third Circuit U.S. Court of Appeals' finding that a district court properly remanded a claim for long-term disability (LTD) benefits to determine whether benefits are available under a plan's any-occupation standard (Thomas P. Kelly Jr. v. Reliance Standard Life Insurance Co., et al., No. 19-146, U.S. Sup.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - October 15, 2019 Category: Medical Law Source Type: news

Alabama Federal Judge Awards Disability Claimant Attorney Fees, Costs
DOTHAN, Ala. - An Alabama federal judge on Aug. 13 awarded a disability claimant attorney fees and costs after determining that the claimant achieved some degree of success on the merits and after finding that the disability insurer acted with culpability as it failed to consider all relevant information before making a benefits determination (Richard P. Shultz v. Aetna Life Insurance Co., et al., No. 16-94, M.D. Ala., 2019 U.S. Dist. LEXIS 135979). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - September 9, 2019 Category: Medical Law Source Type: news