Archive for February, 2010
Ariz. insurer to take over Golden State Mutual’s policies
A life insurance company seized by California regulators in September has signed a tentative agreement with an Arizona-based insurer to take on its policies. (Source: bizjournals.com Health Care:Health Insurance headlines)
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Ariz. insurer to take over Golden State Mutual’s policies
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Allianz Life’s 2009 profit best in company history
Allianz Life Insurance Co. said Friday that its $800-million operating profit for 2009 was one for the record books. (Source: bizjournals.com Health Care:Health Insurance headlines)
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Allianz Life’s 2009 profit best in company history
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ERISA Disability Claimant Awarded $1.18M In Attorney Fees
WASHINGTON, D.C. – A federal judge in the District of Columbia awarded $1.18 million in attorney fees on Jan. 13 to a disability claimant who litigated a claim seeking disability benefits for bipolar disorder under the Employee Retirement Income Security Act against Unum Life Insurance Company of America for more than a decade (Jane Fitts v. Unum Life Insurance Company of America, No 98-00617, D. D.C.; 2010 U.S. Dist. LEXIS 2529).
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Consumer Protection Act, Outrageous Conduct Claims Dismissed In Colorado Action
DENVER – A former radiologist who is suing his disability insurer over the termination of his disability benefits has failed to adequately allege claims for breach of the Colorado Consumer Protection Act (CCPA) and for outrageous conduct and intentional infliction of emotional distress, a judge in the U.S. District Court for the District of Colorado held Dec. 18, dismissing the claims (Jonathan Ain v. Unum Life Insurance Company of America, No. 08-cv-00540-WYD-BNB, D. Colo.; 2009 U.S. Dist. LEXIS 118373).
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Policy Is Governed By ERISA, Kentucky Federal Judge Rules
LOUISVILLE, Ky. – A disability policy issued to an OB/GYN practice that covered three physicians in the practice is governed by the Employee Retirement Income Security Act, a Kentucky federal judge ruled Feb. 3 (William Sweeney, M.D., v. Unum Life Insurance Company of America, No. 3:P09CV-514-S,W.D. Ky.; 2010 U.S. Dist. LEXIS 8908).
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ERISA Plan Participant Time-Barred From Challenging Benefits Denial
CINCINNATI – A disability benefits plan’s participant was barred by the plan’s three-year limitations period from appealing the plan’s denial of benefits determination, despite the participant’s argument that the defendants misprocessed his claim, the Sixth Circuit U.S. Court of Appeals affirmed Jan. 28 in an unpublished opinion (Mark F. Longazel v. Fort Dearborn Life Insurance Company, et al., No. 8-4673, 2nd Cir.; 2010 U.S. App. LEXIS 2063).
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11th Circuit Rules Action Is Time-Barred
ATLANTA – The 11th Circuit U.S. Court of Appeals on Feb. 5 ruled that an action to recover benefits under a long-term disability plan was untimely and is barred by the policy’s three-year limitations period (Naomi B. Knight, f.k.a. Naomi B. Poole v. Unum Life Insurance Company of America, No. 09-13653, 11th Cir.; 2010 U.S. App. LEXIS 2522).
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Texas Federal Judge Dismisses Fiduciary Duty Claim Against Insurer
HOUSTON – A Texas federal judge on Feb. 12 dismissed a claimant’s breach of fiduciary duty claim against an ERISA-governed disability insurer, finding that the claimant has another remedy under the Employee Retirement Income Security Act (Jeanette Middleton v. Life Insurance Company of North America, d/b/a Cigna Group Insurance, et al., No. H-09-CV-3270, S.D. Texas; 2010 U.S. Dist. Lexis 12683).
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Substantial Evidence Supports Benefit Denial, 6th Circuit Rules
CINCINATTI – An ERISA-governed disability insurer’s denial of benefits to a claimant with rheumatoid arthritis was reasonable, the Sixth Circuit U.S. Court of Appeals ruled Feb. 5. The appeals court rejected the claimant’s argument that she was not given a full and fair review under the Employee Retirement Income Security Act (Maribea Balmert v. Reliance Standard Life Insurance Co., No. 08-4433, 6th Cir.; 2010 U.S. App. Lexis 2439).
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Claimant Did Not Receive ‘Appropriate Care,’ 3rd Circuit Finds
PHILADELPHIA – A disability claimant with a depressive disorder did not receive “regular and appropriate” care for her illness during the period she was “actively at work,” the Third Circuit U.S. Court of Appeals ruled Feb. 4, finding no abuse of discretion in the insurer’s decision to deny benefits (Helena Barinova v. ING; ReliaStar Life Insurance Co., No. 08-4189, 3rd Cir.; 2010 U.S. App. Lexis 2368).
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