Court Refuses to Rubber-Stamp Denial
A recent case from the Seventh Circuit Court of Appeals indicates that insurance companies cannot expect the courts to rubber-stamp their denials of benefits.
Ruling restores some balance to ERISA cases
Although unpublished, a recent case from the 6th U.S. Circuit Court of Appeals presents a number of significant issues and should be reissued as a published decision. Houston v. Unum Life Ins.Co. of America, 2007 U.S.App.LEXIS 18553 (July 27). Houston involved a claimant who worked as a housekeeping supervisor for Ritz-Carlton Hotels for more than […]
Unfair ruling against reasoning behind ERISA
Alison Weidner, who worked for FedEx for more than 15 years, experienced a flare-up in her multiple sclerosis and applied for long-term disability payments when she became unable to work. The plaintiff’s treating neurologist certified her disability; and Broadspire, the claim administrator for the FedEx disability benefit plan, acknowledged that Weidner could not perform her […]
Insured’s silence not enough
The interesting issue presented in today’s case is the effectiveness of a policy amendment introducing a discretionary clause. Burkett v. Union Security Ins.Co., 2007 U.S.Dist.LEXIS 41858 (W.D.Wash. June 7). If the amendment was effective, the court would apply the arbitrary and capricious standard of review to a disability benefit dispute. If not, the de novo […]
Big Step Toward Clearing Up ERISA Litigation
This article discusses Patton v. MFS/Sun Life Financial Distributors Inc., 2007 U.S.App.LEXIS 5715, an opinion issued by the 7th U.S. Circuit Court of Appeals on March 12.
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 […]