Archive for November, 2009
LifePoint creates donating life insurance policy
Houston nonprofit LifePoint Charitable Endowment has created a life insurance policy that can be donated to a senior’s favorite charity. (Source: bizjournals.com Health Care:Pharmaceuticals headlines)
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LifePoint creates donating life insurance policy
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State Law Claims Preempted By ERISA, Michigan Federal Judge Rules
DETROIT – State law claims for breach of contract, bad faith and emotional distress arising from the denial of disability benefits are preempted by the Employee Retirement Income Security Act, a federal judge in Michigan ruled Nov. 6 (Tammy Ciaramitaro v. Unum Life Insurance Company of America, No. 09-CV-13492, E.D. Mich.; 2009 U.S. Dist. LEXIS 103610).
Full story on lexis.com (Source: LexisNexis
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Disability Action Barred By Three-Year Limitations Period, Judge Finds
TRENTON, N.J. – A breach of contract action that was filed more than three years after a disability insurer’s formal denial of benefits is barred by the statute of limitations, a federal judge in New Jersey ruled Nov. 6 in an unpublished decision (Louis Diodato III v. Connecticut General Life Insurance Co., et al., No. 09-03532, D. N.J.; 2009 U.S. Dist. LEXIS 103715).
Full story on lexis.com (Source: LexisNexis
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Pre-Existing Condition Exclusion Does Not Bar Coverage, 6th Circuit Holds
CINCINNATI – The pre-existing condition exclusion in a group disability plan does not bar coverage to a claimant who was treated for symptoms during the look-back period but had not yet received a diagnosis related to her disability, the Sixth Circuit U.S. Court of Appeals ruled Nov. 4 (Ruth A. Mitzel v. Anthem Life Insurance Co., et al., No. 08-4033, 6th Cir.; 2009 U.S. App. LEXIS 24216).
Full story on lexis.com (Source: LexisNexis
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Disability Claimant Not Entitled To Continuing Benefits, Federal Judge Holds
TAMPA, Fla. – A disability insurer governed by the Employee Retirement Income Security Act reasonably determined that a claimant was not entitled to benefits under the policy’s “any gainful employment” provision because the claimant failed to demonstrate that he could not perform a sedentary job, a federal judge in Florida ruled Oct. 6 in granting the insurer’s motion for summary judgment (Paul Harris v. UNUM Life Insurance Company of America, No. 8:08-cv-2328-T-26TGW, M.D. Fla.; 2009 U.S. Dist. LEXIS 102033).
Full story on lexis.com (Source: LexisNexis
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Reliance On Medical Reviews Was Reasonable, 3rd Circuit Says
PHILADELPHIA – A plan administrator’s denial of benefits to a claimant with soft tissue injuries arising from an automobile accident was reasonable, the Third Circuit U.S. Court of Appeals ruled Nov. 9 in an unpublished decision. The appeals court said the insurer reasonably relied on medical reviews finding that the claimant was not disabled (Stephanie L. Ford v. Unum Life Insurance Company of America, No. 08-4191, 3rd Cir.; 2009 U.S. App. LEXIS 24514).
Full story on lexis.com (Source: LexisNexis
