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Bad Week for Long-Term Disability Claimants in the Federal District Courts

Bad Week for Long-Term Disability Claimants in the Federal District Courts

This past week, claimants with long-term disability (“LTD”) claims governed by ERISA have not fared well in the district courts. One district court decided a long-term disability insurance dispute in…

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Ninth Circuit Reverses Hartford Win and Requires District Court to Consider New Evidence in Long-Term Disability Dispute

In Kay v. Hartford Life and Accident Insurance Company, No. 21-55463, 2022 WL 4363444 (9th Cir. Sept. 21, 2022) (9th Cir. Sept. 21, 2022), a short unpublished memorandum opinion, the…

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Seventh Circuit Finds Employer Not Liable for Interruptions in Benefit Payments Under Fully Insured Disability Plan

In McCurry, v. Kenco Logistic Services, LLC, No. 22-1273, 2022 WL 4284222 (7th Cir. Sept. 16, 2022), a nonprecedential disposition, the Seventh Circuit affirmed the district court’s grant of summary…

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Sixth Circuit Rules in Favor of Former Attorney on Long-Term Disability Claim; Affirms Dismissal of Counterclaim for Overpaid Benefits

Yesterday, the Sixth Circuit Court of Appeals issued its decision in Messing v. Provident Life and Accident Insurance Company, No. 21-2780, __F.4th__, 2022 WL 4115873 (6th Cir. Sept. 9, 2022).…

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Eleventh Circuit Finds ERISA Lawsuit Time-Barred Based on Benefit Plan’s Contractual Limitations Period

In Bakos v. Unum Life Insurance Company of America, No. 22-11131, 2022 WL 3696648 (11th Cir. Aug. 25, 2022), a dispute over long-term disability benefits, the Eleventh Circuit affirmed the…

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Fourth Circuit Affirms United Mutual of Omaha’s Denial of Long-Term Disability Benefits Based on Insufficient Information

In Shaw v. United Mutual of Omaha Life Insurance Company of America, No. 21-1818, 2022 WL 3369525 (4th Cir. Aug. 16, 2022), Plaintiff-Appellant Paramount Shaw appealed from the district court’s…

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