On June 19 the Supreme Court issued its much anticipated decision in Metlife v Glenn regarding the conflict of interest created by a long term disability insurer who both determines whether an insured is eligible for benefits and pays benefits out of its own pockets. Justice Breyer authored the majority…
Patrick Derkacz, an attorney and partner with the firm attended the 11th National Advanced Forum on Litigating Disability Insurance Claims which was held in Boston. The conference provided an opportunity to hear from industry insiders on the latest trends involving Long Term Disability Insurance Claims. The three day conference included…
In a recent study by the University of Chicago School of Law, the Michigan Supreme Court was ranked dead last in Independence. The academic study determined that the justices on this court (including Taylor, Markman, Young and Corrigan) demonstrated the least ability of the hundreds of state supreme court judges…
Most Long Term Disability policies only provide benefits for a limited time while the insured is disabled from his or her own occupation. This time period is known as the “own-occupation” period. Typically, it is easier for a policy holder to meet this definition of disability because he or she…
Long Term Disability Insurer, Unum Provident, appears to be complying with the terms of the Multi-State Regulatory Settlement Agreement according to Eric Dinallo, the New York Insurance Superintendant. In November 2004 Unum, the Department of Labor and a number of states entered into a settlement agreement requiring Unum to pay…
Not all long term disability policies provide the same quality, type, degree and level of coverage.The Consumer Federation of America has a nice article discussing various aspects to consider before purchasing a Long Term Disability Insurance Policy. Related Posts: “Own” vs “Any” Occupation in Long Term Disability Insurance Plans, The…
Recently, the US District Court (Judge Richard Enslen) upheld the Michigan Insurance Commissioner’s right to prevent any Long Term Disability Insurer from including discretionary clauses in their insurance contracts in the case American Council of Life Insurer’s v Waters. This could be a tremendously important decision for anyone with a…
“That Smells Bad” said Justice Scalia as he described disability insurer-MetLife’s conflict of interest. The US Supreme Court heard Oral arguments last week in Glenn v. Metlife. This is an important decision for all disability claims governed by ERISA. The Supreme Court examined how Metlife’s inherent conflict of interest–as both…