The recent ruling in McDowell v. Standard Ins.Co., 2008 U.S.Dist.LEXIS 99239 (N.D.Ga. Nov. 24, 2008), focuses on the proper scope of review in an ERISA case adjudicated under the de novo standard. The plaintiff in McDowell was an attorney who suffered back and closed head injuries when he was rear ended by another car traveling […]
McCauley v. First Unum Life Ins. Co., 2008 U.S.App.LEXIS 26094 (2d Cir. Dec. 24), recently issued by the 2d U.S. Circuit Court of Appeals, is the first major appellate ruling to fully appreciate the impact of Metropolitan Life Insurance Co. v. Glenn, 128 S. Ct. 2343 (2008), in evaluating benefit claim denials under ERISA. The […]
A recent ruling from Texas discussed a vexing issue that often arises in benefit claim litigation brought under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. In Franklin v. AT&T Corp., 2008 U.S.Dist.LEXIS 99128 (N.D.Tex. Dec. 9), Metropolitan Life Insurance Company, which administers AT&T’s long-term disability plan, sought dismissal from a […]
A federal court in Nevada recently issued findings of fact and conclusions of law denying a motion for a new trial in Merrick v. Paul Revere Life Ins.Co., No. CV-S-00-0731-JCM-RJJ (D.Nev. Nov. 17), where a jury returned a bad faith verdict against Paul Revere Life and its parent corporation, Unum Provident, in the sum of […]
The 4th U.S. Circuit Court of Appeals recently issued an instructive, albeit unpublished ruling, in Gorski v. ITT Long Term Disability Plan, 2008 U.S.App.LEXIS 22904 (4th Cir. Nov. 3, 2008) (unpublished), which points to a new way of evaluating disability benefit denials under the abuse of discretion standard. The plaintiff, who had undergone back surgery […]