Diaz v. Prudential Insur.Co. of America

499 F.3d 640 (7th Cir. 2007) and 422 F.3d 635 (7th Cir. 2005). This case was heard twice by the court of appeals; and in both rulings, the court overturned a lower court’s finding in favor of PRUDENTIAL. In the first ruling, the court held the lower court had improperly deferred to PRUDENTIAL’s findings; and in the second ruling, the court determined that PRUDENTIAL improperly refused to consider subjective symptoms such as pain.