In this 2017 ERISA case, an ERISA claims administrator acted arbitrarily and capriciously by determining an attorney’s disability onset date based on when she was disabled from performing the duties of a generic “lawyer,” rather than the specialized duties of an environmental lawyer. The administrator charged an enhanced premium for specialty coverage and unreasonably undercut that coverage by failing to consider the specific requirements of the attorney’s specialty. The appropriate remedy was an award of retroactive benefits rather than a remand to the administrator.
Judgment reversed.
If you need assistance navigating your claim for short term or long-term disability benefits under ERISA, or it is time to sue the insurance company, please do not hesitate to give Cody Allison & Associates, PLLC a call (844) LTD-CODY, (615) 234-6000. or send us an e-mail Cody@codyallison.com. We provide representation nationwide and have successfully sued all the major insurance companies in many states. Our headquarters are located in Nashville, Tennessee. We offer a free consultation and would love to speak with you.
Latest Posts
TALANA ORZECHOWSKI v. BOEING COMPANY; AETNA LIFE INSURANCE COMPANY,
Below is another case that examines a termination of ERISA long-term disability benefits for abuse of discretion. This is a very important determination...
LTD/STD Basics
Below is some basic information about long-term disability policies and short term disability policies to help you better understand the rules relating to...
LTD/STD Basics
Smith v. Texas Children’s Hospital
The case below discusses whether fraudulent inducement is available as a cause of action under ERISA and, if so, how that claim is to be preserved....