Archive for August, 2009
Remand To ERISA Administrator Not Basis For Fee Award, 4th Circuit Holds
August 26th, 2009
RICHMOND, Va. – A federal district court’s remand of an Employee Retirement Income Security Act claimant’s claim for long-term disability benefits to the insurer for additional consideration did not make the claimant a prevailing party for purposes of an attorney fee award, the Fourth Circuit U.S. Court of Appeals ruled July 14 in an unpublished per curiam opinion (Bridget Hardt v. Reliance Standard Life Insurance Company, et al., No. 08-1896, 4th Cir.; 2009 U.S. App. LEXIS 15478).
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Tags: appeals, attorney, bridget, bridget-hardt, district, Federal, income-security, Insurance, Insurer, Life, Life Insurance, medworm, retirement, Term | 
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7th Circuit Remands Case For Further Review Under MetLife v. Glenn
August 26th, 2009
CHICAGO – The Seventh Circuit U.S. Court of Appeals on Aug. 6 remanded to a district court a suit involving the termination of a long-term disability claim, finding that the lower court failed to adequately address the standard of review with regard to the U.S. Supreme Court’s ruling in MetLife v. Glenn (Edward Raybourne v. Cigna Life Insurance Company of New York, No. 08-2754, 7th Cir.; 2009 U.S. App. LEXIS 17480).
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2nd Circuit Says Reliance On Physician Reports Was Reasonable
August 26th, 2009
NEW YORK – An ERISA-governed disability insurer that relied on physician record reviews in its decision to terminate benefits to a claimant with fibromyalgia and other ailments acted reasonably, the Second Circuit U.S. Court of Appeals ruled July 29 (Deborah Hobson v. Metropolitan Life Insurance Co., No. 07-0364, 2nd Cir.; 2009 U.S. App. LEXIS 16677).
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2nd Circuit Says Reliance On Physician Reports Was Reasonable
August 26th, 2009
NEW YORK – An ERISA-governed disability insurer that relied on physician record reviews in its decision to terminate benefits to a claimant with fibromyalgia and other ailments acted reasonably, the Second Circuit U.S. Court of Appeals ruled July 29 (Deborah Hobson v. Metropolitan Life Insurance Co., No. 07-0364, 2nd Cir.; 2009 U.S. App. LEXIS 16677).
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Tags: claimant, court, deborah-hobson, Disability, insurance-legal, its-decision, legal, lexis, Life, mealey, metropolitan, story-on-lexis, york |
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10th Circuit: Administrator Properly Reviewed Records, Sought Expert Opinion
August 26th, 2009
DENVER – An ERISA-governed disability plan administrator that terminated benefits to a claimant with fibromyalgia acted reasonably, the 10th Circuit U.S. Court of Appeals ruled Aug. 11, finding that the administrator continuously updated the claimant’s medical records and conducted clinical record reviews and occupational assessments before its decision to terminate benefits (Barbara Colleen Holcomb v. Unum Life Insurance Company of America, No. 08-6183, 10th Cir.; 2009 U.S. App. LEXIS 17818).
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6th Circuit: Claimant Lacked Documentation On Abilities
August 26th, 2009
CINCINNATI – An ERISA-governed disability insurer that relied on independent record reviews after a claimant’s treating physician failed to address the insured’s actual functional abilities did not act arbitrarily or capriciously, the Sixth Circuit U.S. Court of Appeals ruled Aug. 20 in an unpublished decision (Linda L. Kiel v. Life Insurance Company of North America, et. al., No. 08-1990, 6th Cir.; 2009 U.S. App. LEXIS 18769).
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Tags: appeals, court, Disability, Life Insurance, north, north-america, sixth, sixth-circuit |
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6th Circuit: Claimant Lacked Documentation On Abilities
August 26th, 2009
CINCINNATI – An ERISA-governed disability insurer that relied on independent record reviews after a claimant’s treating physician failed to address the insured’s actual functional abilities did not act arbitrarily or capriciously, the Sixth Circuit U.S. Court of Appeals ruled Aug. 20 in an unpublished decision (Linda L. Kiel v. Life Insurance Company of North America, et. al., No. 08-1990, 6th Cir.; 2009 U.S. App. LEXIS 18769).
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Panel Affirms Insurer’s Denial Of Disability Benefits Was Made In Good Faith
August 26th, 2009
LOS ANGELES – A California appeals panel on July 17 found that although triable issues exist as to whether an insured’s claimed disability “was not wholly mental,” an insurer did not act in bad faith in denying continued benefits under her policy’s two-year limit on benefits for “mental, nervous, or emotional disorder[s]” (Linda L. Bosetti v. The United States Life Insurance Co. in the City of New York, et al., No. B206896 c/w B208835, Calif. App., 2nd Dist., Div. 3; 2009 Cal. App. LEXIS 1166).
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Tags: appeals, bosetti, California, Faith, Insurance, insurance-legal, legal, Life Insurance, mealey, states, two-year-limit, united-states |
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