Author: Mark Debofsky

No reason to deny jury trials for ERISA claims

The plaintiff in today’s case had been in a serious bicycle accident and suffered cognitive impairments as a result. Gammell v. Prudential Ins.Co. of America, 2007 U.S.Dist.LEXIS 36604 (D.Mass. May 17). On account of his injuries, Thomas Gammell received benefits through his employer’s group disability insurer, Prudential, from 1989 through 2002; however, benefits were terminated […]

Insurance adjuster wins bid for disability benefits

Becky Cooper, who worked as an insurance adjuster, injured her back in a work-related accident while on a business trip. Although she continued to work for two years following the accident, Cooper’s condition worsened to the point where she finally required surgery. While recuperating, Cooper received short-term disability benefits for a period of time from […]

Is expediency more important than accuracy?

The saga of this case, which involved a claim of disability due to complications of diabetes, is a long one that began in 2002 when Unum initially denied the claim for benefits and upheld its decision when the plaintiff submitted her pre-suit appeal. The case, Metzger v. Unum Life Ins.Co. of America, 2007 U.S.App.LEXIS 3755, […]

Ruling on scope, standard of review disturbing

The plaintiff, Gary Rittenhouse, won this case in the district court; however, he suffered a crushing defeat in the Court of Appeals. Rittenhouse, an officer of UnitedHealth Group, began experiencing progressive hearing loss beginning in the 1980s. In 2002, Rittenhouse’s hearing loss had advanced from moderate to severe, and further deterioration occurred in 2003 at […]