Court takes controversial position in Pettaway
A decision by the 7th Circuit Court of Appeals has taken a controversial position in the ongoing case of Pettaway v. Board of Trustees of Western Conference of Teamsters Pension Plan.
A ruling that could protect thousands of claimants
The 2nd U.S. Circuit Court of Appeals recently issued a significant ruling involving disability benefits. In Durakovic v. Building Service 32BJ Pension Fund, 2010 U.S.App.LEXIS 12937 (2nd Cir. June 24, 2010), Bejaze Durakovic, a Yugoslavian emigrant with a grade school education, worked as an office cleaner in New York City until she stopped working in […]
How CIGNA handles or mishandles disability claims
The case of Cox v. CIGNA Group Insurance, 2010 U.S.Dist.LEXIS 17164 (E.D. Ky., Feb. 24), is illustrative of a pattern suggestive of possible systematic maladministration of disability claims, a finding also made by the California Department of Insurance. California conducted a market conduct study of CIGNA’s disability claim handling and found numerous examples of unfair […]
Court revisits difficult issue of ‘total disability’
In a decision, the Seventh Circuit Court of Appeals revisited the difficult issue of total disability in a case involving a disability claim under an ERISA plan.
Case shows it’s not ‘all or none’ for disability
Giddens v. Equitable Life Assur. Society of the U.S., 2006 U.S.App.LEXIS 8970 (11th Cir. April 12, 2006). The plaintiff, a dentist, purchased two ”own occupation” disability policies from Equitable. Both policies contained provisions for total disability as well as residual (partial) disability. The issue before the court was whether Allen Giddens was totally or partially […]