Frankel & Newfield, P.C.

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March 2016 Archives

COURT FINDS LIBERTY LIFE TO BE ARBITRARY AND CAPRICIOUS

A Federal Judge in Kentucky has determined that Liberty Life acted in an arbitrary and capricious manner in terminating a Long Term Disability Insurance claim of a branch manager of a bank, who suffered from back and neck pain following an accident. In reaching its decision that Liberty Life wrongfully terminated the claim, the Court took account of Liberty Life’s conflict of interest but decided that Liberty Life’s conduct in seeking surveillance and an examination was not evidence that it was influenced by its financial conflict of interest.

FEDERAL COURT FINDS SEDGWICK CLAIMS MANAGEMENT ARBITRARY AND CAPRICIOUS IN HANDLING LONG TERM DISABILITY INSURANCE CLAIM

A Court in Nevada has determined that Sedgwick Claims, a third party claim administrator for Long Term Disability Insurance claims for United Health Group, abused its discretion and acted in an arbitrary and capricious manner in how it handled the claim of an insured suffering from orthopedic problems including a pinched nerve and arthritis. The claimant, a telemonitor nurse – performing her work largely from a sitting position – was unable to perform her work functions due to these medical difficulties.

FEDERAL COURT FINDS CUNA MUTUAL ABUSED ITS DISCRETION ON LONG TERM DISABILITY CLAIM HANDLING

A Federal Judge in Wisconsin has determined that CUNA Mutual acted arbitrarily and capriciously in denying a claim for long term disability insurance benefits to a claimant suffering from orthopedic problems, including lumbar radiculopathy, degenerative disc disease, and chronic pain. The claimant worked for CUNA Mutual and was seeking benefits under its own Long Term Disability insurance plan.

Long Term Disability Insurance and Your Company’s HR Department

Let’s start with the premise that you are working for a good company with an HR department made up of professionals who are concerned about the well-being of their employees and the company in general. We know there are some companies who do not meet this basic standard, but we also know that there are many companies with genuinely good professionals in the HR department.

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