Author: Mark Debofsky
4th Circuit Joins Chorus in Questioning Tactics
Plaintiff Wanda J. Stup, who suffers from lupus and fibromyalgia, won affirmance of a judgment holding that defendant Unum Life Insurance Company of America abused its discretion in denying her request for disability benefits. Although Unum did not dispute the plaintiff’s diagnoses, it had rejected the claim based on its determination that the plaintiff could […]
5th Circuit Stands Alone on Degree of Disability
After winning summary judgment in the trial court, plaintiff Linda Ellis suffered a crushing defeat in the 5th U.S. Circuit Court of Appeals, which rejected her claim for disability coverage.Ellis v. Liberty Life Assurance Company of Boston, 2004 U.S.App.LEXIS 24199 (5th Cir., Nov. 19). Ellis was a loan officer for Chase Manhattan Bank until 1999, […]
Erring on ERISA by looking for common sense
The recent decision in Unum Life Insurance Company of America v. O’Brien, 2004 U.S. Dist. LEXIS 20761 (M.D. Fla., Oct. 4), presents a typical scenario where a disability insurer sues an unrepresented claimant, seeking reimbursement of benefits that had been overpaid due to the receipt of a Social Security award. Such suits are based on […]
Turning up the power of the lens raises the heat
Today’s case demonstrates that the actions of benefits administrators are worth some thought on the part of a plaintiff lawyer looking to heighten the level of scrutiny that is applied by a reviewing court. Kosiba v. Merck & Co., 2004 U.S.App.LEXIS 19164 (3d Cir. 9/14/2004). Anyone who litigates cases brought under the ERISA statute (Employee […]