Mealey's Disability Insurance
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April 05, 2023
Judge Denies Request To Refer Parties In Disability Suit To Mediation
BOSTON — A Massachusetts federal judge denied a disability insurer’s motion to refer the remaining issues in a disability benefits suit to mediation, noting in an electronic order that it is not the court’s general practice to force parties to mediation when one of the parties does not agree to mediation.
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April 05, 2023
Bad Faith, Fraudulent Misrepresentation Claims Preempted By ERISA
SAN FRANCISCO — Bad faith and fraudulent misrepresentation claims alleged against a disability insurer are preempted by the Employee Retirement Income Security Act because the claims relate to an ERISA plan and the claimant can seek relief for the denial of her long-term disability (LTD) benefits claim under ERISA, a California federal judge said in granting the disability insurer’s motion to dismiss.
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April 04, 2023
Breach Of Contract Suit Against Disability Income Insurer Is Time-Barred
FORT LAUDERDALE, Fla. — A disability claimant’s breach of contract suit against its disability income insurers is time-barred because the claimant failed to file suit within five years of the insurer determining that the claimant’s total disability benefits would be payable only through his 65th birthday and not through the remainder of the claimant’s life, a Florida federal judge said in granting the insurer’s motion for judgment on the pleadings.
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April 04, 2023
Judge Says Disability Policy’s Mental Condition Limitation Not Exhausted
DETROIT — A disability insurer must continue to pay long-term disability (LTD) benefits to a plan participant until the disability policy’s 24-month maximum benefit duration for mental conditions is exhausted because the insurer failed to show that its initial award of benefits was for a mental disability, a Michigan federal judge said in partially rejecting a magistrate judge’s recommendation to grant judgment in favor of the disability insurer.
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April 04, 2023
Disability Claimant’s Suit Time- Barred Per Plan’s Limitations Provision, Judge Says
PITTSBURGH — A disability claimant’s suit must be dismissed as time-barred because the claimant failed to file suit within the three-month limitations period as set forth in the disability plan and failed to demonstrate that extraordinary circumstances prevented filing the suit within the limitations period, a Pennsylvania federal judge said in granting the disability insurer’s motion to dismiss.
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April 03, 2023
Preexisting Condition Exclusion Bars Coverage For LTD Claim, Judge Determines
WASHINGTON, D.C. — A disability insurer properly denied a claim for long-term disability (LTD) benefits because the policy’s preexisting condition exclusion applied even if the effective date of the policy was the date on which the claimant argued that the policy was effective, a District of Columbia federal judge said in granting judgment in favor of the disability insurer.
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April 03, 2023
Disability Income Insurer Breached Contract In Terminating Benefits
OKLAHOMA CITY — An Oklahoma federal judge denied a disability income insurer’s motion for summary judgment on a breach of contract claim after determining that the insurer breached its contract in terminating a claimant’s residual disability benefits because the policy provided coverage for the claimant’s loss of income.
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April 03, 2023
Disability Insurer’s Denial Of Own-Occupation LTD Benefits Was Reasonable
NEW YORK — The Second Circuit U.S. Court of Appeal affirmed a disability insurer’s denial of a claim for long-term disability (LTD) benefits after determining that the denial was reasonable based on the medical evidence and materials in the administrative record.
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March 30, 2023
Termination Of LTD Benefits Was Not Arbitrary, Capricious, Judge Says
ORLANDO, Fla. — A disability insurer’s termination of long-term disability (LTD) benefits was not arbitrary or capricious because the disability claimant failed to offer any evidence showing that he was incapable of performing sedentary work as identified by the insurer, a Florida federal judge ruled in granting the insurer summary judgment.
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March 30, 2023
Disability Insurer Must Provide Thorough Explanation For Termination Of Benefits
BOSTON — Although a disability insurer’s termination of long-term disability (LTD) benefits was not arbitrary and capricious, the insurer’s failure to provide a thorough explanation of its decision was unreasonable, a Massachusetts federal judge said in remanding the claim to the insurer to provide a thorough explanation for its finding that the claimant is capable of performing the duties of her own occupation as an attorney.
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March 29, 2023
Disability Claimant’s Motion To Vacate Ruling On Bad Faith, Negligence Claims Denied
WASHINGTON, D.C. — A District of Columbia federal judge denied a disability claimant’s motion to vacate a prior opinion dismissing negligence and bad faith claims against a physician employed by a disability insurer because the claims are preempted by the Employee Retirement Income Security Act and the claimant failed to provide any legal authority supporting the contention that the bad faith claim should proceed.
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March 15, 2023
Disability Insurer Did Not Breach Contract, Act In Bad Faith In Denying Claim
DENVER — A disability insurer did not breach its contract or act in bad faith in denying a claim for disability benefits because the claimant’s disability was excluded from coverage pursuant to a mental disorder rider included in the disability policies, a Colorado federal judge said in granting the insurer’s motion for summary judgment.
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March 14, 2023
Breach Of Fiduciary Duty Claim Against Disability Insurer Fails As A Matter Of Law
ST. LOUIS — A breach of fiduciary duty claim cannot proceed against a disability insurer because the claimant failed to rely upon the regulations that were in effect at the time he filed his claim for disability benefits, a Missouri federal judge said in determining that the claim fails as a matter of law.
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March 10, 2023
LTD Claim Remanded For Finding On Whether Continued Benefits Are Owed
CHICAGO — An Illinois federal judge granted a disability claimant’s motion for summary judgment and remanded the long-term disability (LTD) claim to the plan administrator to determine if the claimant is eligible for continued LTD benefits based on her medical conditions and despite the fact that the claimant did not meet the plan’s deadline to apply for Social Security Disability Income benefits.
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March 09, 2023
Former NFL Player’s Claims In Disability Suit Must Be Dismissed, Judge Says
DETROIT — A Michigan federal judge determined that a former National Football League (NFL) player cannot maintain a claim seeking disability benefits under the NFL disability plan or a breach of fiduciary duty claim against the plan and other NFL entities because the player’s claim for disability benefits was not timely filed and the player failed to plausibly state a claim for breach of fiduciary duty against any of the defendants.
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March 09, 2023
Dentist Appeals Breach Of Contract, Bad Faith Ruling In Disability Income Suit
SAN FRANCISCO — A dentist filed a notice of appeal to the Ninth Circuit U.S. Court of Appeals, seeking review of a district court’s ruling that a disability insurer did not breach its contract or act in bad faith in terminating the dentist’s disability income benefits because the dentist was not under the care of a doctor as required by the policy at issue.
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March 08, 2023
Disability Suit Barred By Release Signed With Employer, New York Federal Judge Says
NEW YORK — A disability claimant’s suit against a disability insurer is barred by a separation agreement the claimant signed with her former employer because the agreement clearly barred the claimant from filing any claims under the Employee Retirement Income Security Act, a New York federal judge said in granting the disability insurer’s motion for summary judgment.
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March 08, 2023
Federal Judge Grants Summary Judgment In Favor Of Disability Insurer
WASHINGTON, D.C. — A District of Columbia federal judge adopted a magistrate judge’s recommendation to grant summary judgment in favor of a disability insurer, agreeing with the magistrate judge’s conclusion that no reasonable fact finder could return a verdict in favor of the disability claimant.
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March 08, 2023
STD, LTD Benefits Claims Cannot Proceed Against Insurer, Judge Concludes
SANTA ANA, Calif. — Following a one-day bench trial in a disability benefits dispute, a California federal judge determined that claims for short-term disability (STD) and long-term disability (LTD) benefits cannot proceed because the disability insurer was not responsible for paying STD benefit claims under the employer’s self-insured plan and because the disability claimant failed to exhaust all administrative remedies in connection with the LTD benefits claim.
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March 08, 2023
Disability Insurer Acted Arbitrarily, Capriciously In Terminating LTD Benefits
CINCINNATI — A disability insurer acted arbitrarily and capriciously in terminating a disability claimant’s benefits because the insurer failed to consider credible and objective evidence provided by the claimant in support of his disability, an Ohio federal judge said in granting the claimant’s motion for judgment on the administrative record.
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March 07, 2023
Termination Of Disability Benefits Was Arbitrary, Capricious, Judge Says
BOSTON — A disability insurer’s denial of a claimant’s request for an independent medical exam rendered the insurer’s termination of benefits arbitrary and capricious, a Massachusetts federal judge said in denying the insurer’s motion for summary judgment and in remanding the claim to the insurer for further proceedings.
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March 06, 2023
Summary Plan Description In Disability Policy Was Deficient, Judge Says
BATON ROUGE, La. — A Louisiana federal judge found that a summary plan description (SPD) in a disability policy was deficient because the lookback provision in the policy’s preexisting condition exclusion was not included in the SPD and further said that a question of fact exists as to whether the claimant’s long-term disability (LTD) benefits claim would have been approved without applying the lookback provision.
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March 02, 2023
Disability Claimant’s Suit Transferred From New York To Rhode Island Federal Court
NEW YORK — A New York federal judge determined that a disability claimant’s suit must be transferred to Rhode Island federal court because the alleged breach of the disability policy occurred in Rhode Island and all of the potential witnesses are located in Rhode Island.
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March 01, 2023
2nd Circuit Affirms Ruling, Standard Of Review In Disability Pension Case
NEW YORK — In a summary order, a Second Circuit U.S. Court of Appeals panel affirmed a ruling against a beneficiary in a pension disability case involving interpretation of the phrase “secure gainful employment.”
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February 10, 2023
Bad Faith Claim Properly Dismissed; Disability Insurer’s Decision Was Arguable
ATLANTA — The 11th Circuit U.S. Court of Appeals affirmed a district court’s grant of summary judgment on a bad faith claim in a disability benefits dispute after determining that the disability insurer did not act in bad faith because it had an arguable reason to terminate the claimant’s long-term disability benefits.