SAN FRANCISCO – An ERISA-governed insurer that denied benefits to a claimant with chronic back pain abused its discretion, a California federal judge ruled Aug. 19. The judge found that the claimant produced sufficient evidence supporting a finding of disability (Mark Fagan v. Life Insurance Company of North America, No. C-09-2658, N.D. Calif.; 2010 U.S. Dist. LEXIS 85413).
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