Archive for May, 2009

Authors: Lilienfeld DE
During 1911-1914, using the resources of the Metropolitan Life Insurance Company, Louis I. Dublin conducted two national studies into the survival of those surviving episodes of typhoid fever or scarlet fever. He identified an elevated risk of such mortality, associated with specific causes of death, among those having had typhoid fever but not among the scarlet fever survivors. The studies were methodologically sophisticated, resembling those conducted three to four decades later. The studies appear to have been accepted by the medical and public health communities. However, the absence of modern data processing technology and the lack of financial support for such studies by other investigators precluded the further development of modern epidemiology until Worl…

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Louis I. Dublin and the development of the observational study: the metropolitan life insurance company natural history (cohort) studies of typhoid…

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• Louis I. Dublin and the development of the observational study: the metropolitan life insurance company natural history (cohort) studies of typhoid fever and scarlet fever.

ST. LOUIS – Unum Life Insurance Company of America’s denial of disability benefits was an abuse of discretion under the standard of review for decisions of plan administrators under Employee Retiree Income Security Act Section 502(a)(1)(B) enunciated by the U.S. Supreme Court in Metropolitan Life Insurance Co. v. Glenn, the Eighth Circuit U.S. Court of Appeals ruled April 30, reversing a trial court’s ruling that a less-deferential review was not triggered because the ERISA plan administrator’s financial conflict was not causally connected to the denial of benefits (Chronister v. Unum Life Insurance Company of America, No. 07-3552, 8th Cir.).
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NEW ALBANY, Ind. – A federal magistrate judge on April 20 denied an insured’s motion to compel discovery of 97 files reviewed by an independent claims review firm, finding that the files of other claimants are irrelevant to her claims against insurers for breach of contract and breach of the duty of good faith and fair dealing (Deborah Sieveking v. Reliastar Life Insurance Co. and MADISON National Life Insurance Co., No, 4:08-cv-45-DFH-WGH, S.D. Ind., New Albany Div.; 2009 U.S. Dist. LEXIS 33466).
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SAN FRANCISCO – A federal judge in California on May 15 ruled that a claimant can proceed with limited discovery into an ERISA-governed insurer’s conflict of interest in determining her eligibility for disability benefits (Elizabeth Fowler v. Aetna Life Insurance Co., et al., No. C-08-03463, N.D. Calif.; 2009 U.S. Dist. LEXIS 41260).
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SAN FRANCISCO – A federal judge in California on May 15 ruled that a claimant can proceed with limited discovery into an ERISA-governed insurer’s conflict of interest in determining her eligibility for disability benefits (Elizabeth Fowler v. Aetna Life Insurance Co., et al., No. C-08-03463, N.D. Calif.; 2009 U.S. Dist. LEXIS 41260).
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SCRANTON, Pa. – A federal judge on May 14 ruled that a plaintiff may conduct discovery outside the administrative record to prove her claim of procedural irregularities, finding that to prevent such discovery may cause “manifest injustice” (Allison Magera v. The Lincoln National Life Insurance Co., No. 3:08-CV-0465, M.D. Pa.; 2009 U.S. Dist. LEXIS 40559).
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SCRANTON, Pa. – A federal judge on May 14 ruled that a plaintiff may conduct discovery outside the administrative record to prove her claim of procedural irregularities, finding that to prevent such discovery may cause “manifest injustice” (Allison Magera v. The Lincoln National Life Insurance Co., No. 3:08-CV-0465, M.D. Pa.; 2009 U.S. Dist. LEXIS 40559).
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PHILADELPHIA – Under Pennsylvania law, whether a claimant is disabled under an insurance policy is an issue of fact, a federal judge ruled May 12, denying an insurer’s motion for summary judgment and saying the issue should be decided by a jury (Daniel O. Koshy v. Ohio National Life Insurance Co., No. 08-03319, E.D. Pa.; 2009 U.S. Dist. LEXIS 40380).
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LITTLE ROCK, Ark. – Failure to address the effects of pain medication on a claimant’s job ability was arbitrary, a federal judge in Arkansas ruled May 7, finding that the claimant provided sufficient proof of disability (Richard McAllister v. Life Insurance Company of North America, et al., No. 08-CV-03619, E.D. Ark.; 2009 U.S. Dist. LEXIS 38849).
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PHILADELPHIA – The Third Circuit U.S. Court of Appeals on April 30 ruled that a group disability insurer acted arbitrarily in terminating benefits to a claimant with foot problems during the “own occupation” coverage period but was reasonable in denying benefits during the “any occupation” coverage period (Christine L. Serbanic v. Harleysville Life Insurance Co., et al., No. 08-1059, 3rd Cir.; 2009 U.S. App. LEXIS 9302).
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