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.

Judge Denies Motion To Strike Declarations Submitted By Insurer In Disability Suit
LOUISVILLE, Ky. - A Kentucky federal judge on Aug. 12 denied a disability claimant's motion to strike two declarations attached to a disability insurer's motion for summary judgment after determining that the declarations are not sham affidavits and help to fill in the gaps of incomplete sworn testimony (Richard E. Davis v. Hartford Life& Accident Insurance Co., No.. 14-507, W.D. Ky., 2019 U.S. Dist. LEXIS 135388). (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

Florida Federal Judge Dismisses Disability Suit, Says Claims Are Untimely
FORT LAUDERDALE, Fla. - A Florida federal judge on Aug. 8 dismissed a disability claimant's amended complaint with prejudice after determining that the claimant cannot successfully allege breach of contract and bad faith claims against the insurer because they 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 134537). (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

ERISA Preempts State Law Claims Against Disability Insurer, Judge Says
LAS VEGAS - A Nevada federal judge on Sept. 3 granted a disability insurer's motion to dismiss after determining that the disability claimant's state law claims are preempted by the Employee Retirement Income Security Act; however, the judge granted the disability claimant leave to amend the complaint to add factual allegations in support of the argument that ERISA's governmental exception applies as a bar to preemption (Michael Gray v. Reliance Standard Life Insurance Co., No. 18-1551, D. Nev., 2019 U.S. Dist. LEXIS 149226). (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

Surveillance Video, Medical Report Will Be Included In Administrative Record
LEXINGTON, Ky. - A Kentucky federal judge on Aug. 15 overruled a disability claimant's objections to the inclusion of surveillance video, an independent medical report and other documents from the administrative record after determining that the contested video and documents must be included in the record because the insurer relied upon the video and documents when it terminated the claimant's disability benefits (Jennifer Lee Smith v. Hartford Life and Accident Insurance Co., No. 19-061, E.D. Ky., 2019 U.S. Dist. LEXIS 138152). (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

Arbitrary, Capricious Standard Of Review Applies, Federal Judge Says
CHICAGO - An Illinois federal judge on Aug. 15 determined that an arbitrary and capricious standard of review must be applied to a disability dispute because the plan's discretionary clause is valid and enforceable (Kathleen A. Brubaker v. The Hartford Life and Accident Insurance Co., No. 18-4995, N.D. Ill., 2019 U.S. Dist. LEXIS 137777). (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

Termination Of Benefits Was Arbitrary, Capricious, Pennsylvania Federal Judge Says
ALLENTOWN, Pa. - A disability insurer's termination of benefits was arbitrary and capricious because the insurer failed to provide reliable evidence supporting its decision and the insurer rejected the opinion of the claimant's treating physician without providing a reason for doing so, a Pennsylvania federal judge said Aug. 27 in granting judgment in favor of the disability claimant (Leo Noga v. Reliance Standard Life Insurance Co., No. 18-3455, E.D. Pa., 2019 U.S. Dist. LEXIS 145227). (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

Denial Of LTD Benefits Was Not Arbitrary Or Capricious, Judge Finds
CLEVELAND - A disability insurer did not act arbitrarily and capriciously in denying a long-term disability (LTD) benefits claim because the medical evidence did not support a finding that the claimant was entitled to LTD benefits as a result of a heart attack and cognitive problems, an Ohio federal judge said Aug. 21 (Kenneth Radsvick v. United of Omaha Life Insurance Co., No. 18-1872, N.D. Ohio, 2019 U.S. Dist. LEXIS 142060). (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

Former NFL Player Says Denial Of Disability Benefits Was Abuse Of Discretion
SAN FRANCISCO - A former National Football League player seeking total and permanent (T&P) disability benefits under the NFL's retirement plan claims in an Aug. 26 suit filed in California federal court that the plan abused its discretion by refusing to pay him T&P benefits (Charles Dimry v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, et al., No. 19-5360, N.D. Calif.) (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

Denial Of STD Benefits Was Not Arbitrary, Capricious, Michigan Federal Judge Says
DETROIT - The denial of a disability claimant's short-term disability (STD) claim was not arbitrary and capricious because the plan administrator provided a reasonable explanation for its denial of the claim and the claimant failed to prove that she could not perform the material duties of her own occupation, a Michigan federal judge said Aug. 20 (Mary Savage v. Quicken Loans and Affiliated Companies Welfare Benefits Plan, No. 18-12075, E.D. Mich., 2019 U.S. Dist. LEXIS 140709). (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

STD Claim Remanded; Claimant Denied Full, Fair Review, Judge Says
LAS VEGAS - A Nevada federal judge on Aug. 8 remanded a short-term disability (STD) claim to the plan administrator because the record reflects that the claimant was denied a full and fair review when the disability insurer denied the STD claim before receiving medical records from the claimant's treating physicians (Paul Speca v. Aetna Life Insurance Co., No. 18-835, D. Nev., 2019 U.S. Dist. LEXIS 134166). (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

Insurer Properly Denied Request For Additional LTD Benefits, Judge Says
HARRISBURG, Pa. - A disability insurer did not act arbitrarily and capriciously in denying a claim for additional long-term disability (LTD) benefits after the claimant exhausted the plan's 24-month maximum benefit period because the insurer reasonably found that the claimant did not provide objective evidence to support a continuing disability, a Pennsylvania federal judge said Aug. 15 (Brendan Roden-Reynolds v. Metropolitan Life Insurance Co., et al., No. 18-0897, M.D. Pa., 2019 U.S. Dist. LEXIS 137752). (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

LTD Benefits Denial Based On Pre-Existing Conditions Exclusion Was Arbitrary
BOSTON - The First Circuit U.S. Court of Appeals on Sept. 3 affirmed a district court's judgment in favor of a disability claimant after determining that the disability insurer's denial of benefits based on the plan's pre-existing conditions exclusion was arbitrary and capricious (John Lavery v. Restoration Hardware Long Term Disability Benefits Plan, et al,, Nos. 18-1885, 18-2027, 1st Cir., 2019 U.S. App. LEXIS 26578). (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

Termination Of LTD Benefits Was Reasonable Based On Medical Evidence, Judge Says
LOUISVILLE, Ky. - A disability insurer did not act arbitrarily or capriciously in terminating a claimant's long-term disability (LTD) benefits based on its finding that the claimant was not disabled from working in any occupation because the insurer went to great lengths to ensure that its decision was accurate, a Kentucky federal judge said Aug. 26 (Richard E. Davis v. Hartford Life& Accident Insurance Co., No. 14-507, W.D. Ky., 2019 U.S. Dist. LEXIS 144293). (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

Disability Insurer Did Not Err In Denying Benefits Under Any-Occupation Standard
MILWAUKEE - A disability insurer's denial of long-term disability (LTD) benefits was not arbitrary and capricious because the insurer reasonably concluded that a claimant was not disabled from performing the duties of any occupation, a Wisconsin federal judge said Aug. 26 (Christopher Wilcox v. Aetna Life Insurance Co., No. 18-463, E.D. Wis., 2019 U.S. Dist. LEXIS 144903). (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

Judge Dismisses Civil Conspiracy Claim Against Disability Life Insurer
MONTGOMERY, Ala. - An Alabama federal judge on July 17 dismissed a civil conspiracy claim against a disability life insurer in an insured's breach of contract and bad faith case against the insurer and a reinsurer over the denial of disability benefits (Horace R. Theriot Jr. v. The Northwestern Mutual Life Insurance Co., et al., No. 18-688, M.D. Ala.). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - August 12, 2019 Category: Medical Law Source Type: news