Archive for December, 2009

ELKINS, W.Va. – Finding the holder of two disability insurance policies clearly to be “permanently and totally disabled from his occupation as a lawyer,” a West Virginia federal judge on Oct. 28 granted summary judgment to an insured on his insurer’s claims of breach of contract and restitution, while denying judgment to the insurer on his bad faith and breach of contract counterclaims (Unum Life Insurance Company of America v. Charles W. Wilson, No. 2:08-cv-73, N.D. W.Va.; 2009 U.S. Dist. LEXIS 100976).
Full story on lexis.com (Source: LexisNexis

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NEW YORK – An ERISA-governed disability insurer that terminated benefits to a claimant with Bechet’s disease acted unreasonably, a federal judge in New York ruled Dec. 1, finding that the evidence in the record does not support the insurer’s decision. The judge found several procedural irregularities with regard to the insurer’s claims handling (Elizabeth Diamond v. Reliance Standard Life Insurance, No. 08-civ-7562, S.D. N.Y.; 2009 U.S. Dist. LEXIS 111370).
Full story on lexis.com (Source: LexisNexis

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PHILADELPHIA – The Third Circuit Court U.S. of Appeals on Dec. 4 reversed a grant of summary judgment to a disability insurer that terminated benefits under the any-occupation coverage definition, finding issues of fact exist that preclude summary judgment (Linda Gardner v. Unum Life Insurance Company of America, No. 06-5203, 3rd Cir.; 2009 U.S. App. LEXIS 26363).
Full story on lexis.com (Source: LexisNexis

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