In Newsom v. Reliance Standard Life Insurance Company, 26 F.4th 329 (5th Cir. 2022), the U.S. Court of Appeals for the Fifth Circuit addressed a situation that comes up frequently in long-term disability cases. The issue was not whether the claimant was disabled, but whether the insurance company could avoid making that decision altogether. The claimant had worked for years …
Long-term disability insurance is often offered as part of an employee benefit package. Some people purchase long-term disability coverage directly from insurance companies or through an insurance broker. Long-term disability policies sponsored by a private employer are governed by a federal law called the Employee Retirment Income Security Act (“ERISA”). If a policy issued in Louisiana is purchased by an …
The U.S. Court of Appeal for the Eleventh Circuit recently reversed the decision of a federal district court affirming Unum Life Insurance Company of America’s (“Unum”) decision to terminate a former pharmacist’s long-term disability benefits. The plaintiff beneficiary in the case was employed as a pharmacist from 1996 until 2016, when she suffered an accident at work that injured her …
It is extremely frustrating and stress-inducing to receive a letter in the mail terminating or denying long-term disability benefits. People with long-term disability insurance, either through an employer-provided policy or a privately purchased policy, rely on funds being available if they are hurt and cannot work. The important thing to know is that insurance companies do sometimes change their minds …
In a recent case, Trahan v. United of Omaha Life Insurance Co., No. 2:21-CV-02281, 2022 WL 710436 (W.D. La. Mar. 9, 2022), the plaintiff alleged that he was disabled due to high blood pressure and anxiety. He filed a claim with his employer’s disability insurer only to have the claim denied. The plaintiff alleged that his high blood pressure and …
Published by The Pellegrin Firm March 24, 2021
In a recent decision, The U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s decision ruling that Reliance Standard Life Insurance Company was wrong in finding that a man disabled due to prostate cancer was not covered by his employer’s group policy when he became disabled.
Published by The Pellegrin Firm December 26, 2020
A federal district court in California recently found that Aetna erred in denying long-term disability benefits to a Software Management Engineer employed by Jet Propulsion Laboratory, a federally funded research facility owned by NASA and managed by California Institute of Technology (Caltech).
Published by The Pellegrin Firm September 15, 2020
In a recent case out of the U.S. District Court for the Middle District of Louisiana, Judge John W. deGravelles remanded a case to Hartford Life & Accident Insurance Company to reconsider its termination of a truck driver’s long-term disability benefits. Hartford paid two years of benefits, finding the plaintiff could not return to his old job considering the severity of his back condition. However, Hartford terminated benefits after two years, because the policy states that benefits are only payable after two years if the claimant cannot perform the substantial duties of any occupation.
Published by The Pellegrin Firm June 8, 2020
On May 20, 2020, Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana in New Orleans ruled in a case challenging the denial of short-term and long-term disability benefits.
Published by The Pellegrin Firm February 15, 2020
In a recent case out of Florida, the U.S. Court of Appeals for the Eleventh Circuit found for a disabled dentist in his claim against his long-term disability insurer, Reliance Standard Life Insurance Company.