In Fontaine v. Metropolitan Life Ins.Co., 2014 U.S.Dist.LEXIS 41253 (N.D.Ill. March 27, 2014), DeBofsky, Sherman & Casciari scored a major victory in securing an award of long-term disability insurance for a partner in a major law firm. The plaintiff, Mary Fontaine, enjoyed a successful career as a partner practicing in the field of structured finance for the law firm of Mayer Brown in Chicago where she worked for thirty years.
The plaintiff, Nerses Meguerditchian, was initially employed by FedEx in 1991 as a technician who repaired vehicles and ground equipment operated by the company. In 2011, the plaintiff injured his back while working on a vehicle, but participated in FedEx’s temporary return to work program following his injury until April 2011 when he ceased working […]
Whether being able to work part-time affects a claimant’s eligibility for disability benefits depends on several factors.
The relevance of a Social Security disability determination to the outcome of a long-term disability claim has become a hot topic with the courts and insurance regulators. CIGNA and its subsidiary, the Life Insurance Company of North America have been the subject of numerous court rulings as well as a recent regulatory settlement with state […]
Long-term disability insurance cases involving fibromyalgia present special difficulties because there are no objective tests for the condition other than a clinical “trigger-point” test. A recent ruling from California handled by attorney Michael McKuin and decided by Judge Dolly Gee presents an interesting and thorough discussion of such a claim that stands out in noting […]
Statutes of limitation can be very confusing in Employee Retirement Income Security Act cases. Since the provision of ERISA that authorizes claimants to sue to recover benefits (29 U.S.C. Section 1132(a)(1)(B)) lacks its own statute of limitations, courts borrow the most analogous limitations period under state law. But if the benefit plan contains its own […]
Congress authorized claimants seeking employee benefits due under ERISA to bring a ‘civil action’ to recover benefits due or obtain appropriate equitable relief. 29 U.S.C. § 1132(a). The Federal Rules of Civil Procedure contemplate only one form of civil action; and civil actions are to be adjudicated utilizing the procedures specified by the civil procedure […]
A recently filed lawsuit focuses on one of the pitfalls in long-term care insurance, a critical area of practice for DeBofsky, Sherman & Casciari. The lawsuit, filed in federal court in Connecticut, and titled, “Gardner v. CNA Financial,” , alleges that Chicago-based CNA, a major long-term care insurer, wrongfully denied coverage for services provided in […]
The Employee Retirement Income Security Act law creates a number of perverse incentives for insurers that administer benefit claims. Without the availability of remedies beyond the restoration of benefits due, insurers can earn significant profits on delayed payments. A recent 6th U.S. Circuit Court of Appeals ruling, Rochow v. Life Ins. Co. of North America, […]
Disability insurance lawyers and claimants should be aware of a recently decided case from the U.S. Court of Appeals for the Seventh Circuit. Garcia v. Colvin, 2013 U.S.App.LEXIS 25452 (7th Cir. December 20, 2013) was a recent opinion authored by Judge Richard Posner, who has gained a reputation for doing more than jurist since the […]
The Federal Rules of Civil Procedure are intended to apply to all civil actions adjudicated in federal court. However, without explanation, Employee Retirement Income Security Act(ERISA) cases receive different treatment, especially cases that involve disability insurance benefits. Although depositions of claim adjusters are routine in other insurance disputes, they are almost unheard of in ERISA […]
From time to time we comment on court opinions relevant to disability insurance and ERISA litigation – Gerhardt v. Liberty Life Assur.Co. of Boston, 2013 U.S.App.LEXIS 23912 (8th Cir. November 29, 2013)(Issue: Independent Medical Examinations; Transferable skills analysis). Lisa Gerhardt, a nurse, applied for disability benefits from her employer’s group long-term disability insurance company in […]