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19 May, 2007 1:58 am
... go after mobsters and criminal organizations when creative lawyers tried vainly to strike at corporate monoliths. Not so anymore. First,
about a week ago, the Ninth Circuit allowed a RICO case to proceed against Microsoft for selling a Trial CD for its ... him. Then at the end of this week, the Third Circuit allowed
another RICO case to proceed against Unum Life Insurance
Company for allegedly cutting off its disability benefits early. Perhaps the pendulum is starting to swing back toward allowing ...
27 Aug, 2006 7:21 pm
... few months later, his wife made a claim for the life insurance proceeds. Unum Life Insurance Company
agreed to pay the regular benefit, but refused to pay ... insurability. Unum Life countered
that general knowledge about his cancer or the doctor's report did not equate to evidence of insurability. The federal district court in Louisiana first ... health. In effect, plaintiff's argument would shift the good health burden to Unum to prove Mr. Kehoe was
not in good health. (Citations and footnotes omitted ...
1 Jan 12:32 pm
... , bad faith contract misinterpretations, and other unscrupulous tactics." Radford Trust v. First Unum Life Ins. Co., 321 F. Supp. 2d 226, 247 (D. Mass. 2004), ... of news pieces on "60 Minutes" and "Dateline,"
that included harsh words for the company. Id. at 248-49. First Unum has fared no better in legal academia. See John H. ... have been unfairly singled out. As an industry, there are very few long term disability
insurers who don't use ERISA as a shield against unfair, and often times shocking, ...
15 May, 2008 5:07 am
... Plaintiffs filed a putative class action lawsuit against Unum Provident Corporation, Unum
Life Insurance Company of America, First Unum Life Insurance
Company and Colonial ... ") alleging violations of ERISA (Employee Retirement Income Security Act). Loughman v. Unum Provident Corp., 530 F.Supp.2d 1121, 2008 WL 515916, ... establishing an elimination period." Id. The second amended class action complaint alleged that
Unum improperly terminated long-term disability (LTD) benefits and wrongfully withheld ...
5 Jan 10:59 am
The Second Circuit provided claimants with a holiday gift, when it decided McCauley v. Unum Life Ins.
Co. 2008 U.S. App LEXIS 26094 (2nd Cir., Dec 24, 2008). First Unum (part of Unum Provident) is the nation's largest long term disability insurance company, and it has an extensive record of systematically ... more than policy owners. We remember the 60 Minutes and Dateline segments that explored the
company's employee rating system for employee promotions, raises and bonuses: based on how ...
21 Jan 2:59 pm
... is one that sets out what to do when a claim has been denied. These include disability claims involving UNUM, as well as: • UNUM Life Insurance Company of
America • Paul Revere Life Insurance Company •
First Unum Life Insurance Company • Provident Life and Accident Insurance Company • Provident Life and Casualty Insurance Company I'll be watching the site, and perhaps assisting folks in MD, VA, DC and the Atlantic States. Joey
James filed a retaliatory discharge claim ...
21 Jan 2:59 pm
... is one that sets out what to do when a claim has been denied. These include disability claims involving UNUM, as well as: • UNUM Life Insurance Company of
America • Paul Revere Life Insurance Company •
First Unum Life Insurance Company • Provident Life and Accident Insurance Company • Provident Life and Casualty Insurance Company I'll be watching the site, and perhaps assisting folks in MD, VA, DC and the Atlantic States. Joey
James filed a retaliatory discharge claim ...
5 Mar 11:56 pm
... Theodore A. Keyes, special counsel at the firm, write: On Oct. 16, 2008, the Superintendent of the New York State Insurance Department
issued an Opinion Letter asserting that director and officer liability (D&O) insurance policies issued ... Angelillo, an associate at the
firm, review the Second Circuit's decision in McCauley v. First Unum Life Insurance Company, where the court provided guidance on the critical
factors that must be considered in determining whether insurance benefits have been ...
27 Jun, 2007 12:07 pm
Radford Trust v. First Unum Life Insurance Company of America, No. 06-1992. This is an ERISA case. Normally I don't like reading pure ERISA cases
(sorry, Stephan). But, this one concerns something of more general applicability, "the district court's determination of the date on which postjudgment interest on an award of benefits
would begin, and the effect of this determination on the court's discretionary decision to award prejudgment interest." While the court ...
28 Aug, 2006 11:03 pm
... job as a materials manager for Johnson Controls, Inc. Holoubek engaged in a lengthy battle with Unum Life Insurance Company of America, the plan administrator, over his
entitlement to benefits. ... and suffer muscle spasm, dizziness, and headaches. Quoting Hawkins v. First Union Corp. Long-Term Disability Plan,
326 F.3d 914, ... past-due benefits and reinstate his ongoing benefits. The court dismissed Unum's counterclaim to recover an alleged
overpayment of benefits resulting from his receipt of Social ...
5 Apr, 2007 1:01 am
... . Past membership surveys by the Association of Corporate Counsel suggest that hundreds, or even thousands, of company attorneys may not be
properly licensed. Visit In-House Counsel N.Y. ... U.S. Circuit Court of Appeals has revived a RICO suit against First Unum Life Insurance Co., finding that a lower court erred when it held
that such a claim ... , creating new copyright strategies and enabling a virtual online "swap meet" for companies holding patents they no longer need and those searching for new
...
15 Nov, 2007 1:39 am
... to Down Payment Matter of Brownlee Subscription Required NASSAU COUNTY Real Property Homeowner Granted Summary Judgment On Liability for Title Company's Failure to Pay Taxes Gluck v. First Equity Abstract ... Subscription Required U.S. DISTRICT COURT SOUTHERN
DISTRICT OF NEW YORK Insurance Law Plan Participant Must Repay Insurer for Disability Benefits Paid While Receiving Social Security
First Unum Life Insurance Co. v. Wulah Subscription Required U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ...
27 Jan 12:30 am
... clears the way for an action to proceed over claims that the two directors formed a new company to avoid paying money owed for the sale of
shares of Global Minerals and Metals Corp ... 10-Year Fight for Benefits New York Law Journal Bad faith by an insurance company means that a lawyer injured while on a business trip will receive attorney fees ... . Zbigniew Slupinski, formerly of Weil Gotshal, prevailed in two
suits against First Unum Life Insurance for long-term benefits, but he was denied fees and ...
30 Dec, 2008 6:50 am
... (2d Cir. Dec. 19. 2008): The 62 year-old plaintiff was fired from his job as Chief Financial Officer of a shoe importing company. The
defendant argued that plaintiff was fired for cost-cutting reasons. The district court thought the jury could only find that cost-cutting was the real ... Retirement Income Security Act
where the plan administrator is conflicted because it both evaluates eligibility and pays benefits. In McCauley v. First Unum Life Insurance Co. Coming tomorrow: A Year-End Wrap Up...
10 Oct, 2008 4:03 pm
... Andrew Cuomo has now issued subpoenas to four long term disability insurance companies and five Long Island doctors who
predominately examined LIRR workers ... ongoing railroad disability scandal series as First Unum
Life Insurance Company, AFLAC, Transamerica Financial
Life Insurance Company and CUNA Mutual. It is possible that
these ... not often on this blog that you will see me refer to long term disability insurers as potential victims, but it seems they might have been in this case. As a disability
...
17 Sep 1:04 pm
... failed to demonstrate its entitlement to summary judgment based on a material misrepresentation in the renewal applications for the insurance policies (see generally Winegrad v New York Univ. Med. Ctr ... 538, 540; see also Process Plants Corp. v Beneficial Natl. Life Ins. Co., 53 AD2d 214, 216, affd 42 NY2d 928). To establish ... AD2d 435, 437; Tuminelli v First
Unum Life Ins. Co., 232 AD2d 547). Conclusory statements by insurance company employees, unsupported by documentary evidence, are insufficient ...
12 May, 2008 8:39 am
... of the Bi-Economy holding. This one is a bit more intriguing than the first. Hoffman v. Unionmutual Stock Life Ins. Co. of NY, (2nd Dept., decided 5/6/2008) appears to be a breach of contract action for denied disability insurance benefits. On defendant First Unum's ... resulting emotional
distress as well as economic and non-economic injury. The claim that defendant insurance company
acted in bad faith is founded upon allegations that it undertook a conscious campaign calculated to ...
29 Oct 3:27 pm
... the country. They essentially create an uneven playing field in favor of an already powerful insurance company over a disabled claimant. Imagine if the Yankees were forced to play the ... as a shield. See also John H. Langbein, Trust Law as Regulatory Law: The
Unum/Provident Scandal and Judicial Review of Benefit Denials under ERISA, 101 Nw. ... they suggest, will discourage employers from offering
employee benefit programs in the first place. See, e.g., Metro. Life Ins. Co. v. Glenn, 128 S. Ct.
2343, ...
10 Jul, 2008 6:46 pm
... Kentucky Association of Health Plans, Inc. v. Miller, 538 U.S. 329 (2003). While the regulation satisfied the first prong of the test
(because it was "specifically directed toward" ... participants the option of having an independent physician review a denial of coverage "regulates insurance"); UNUM Life Ins. Co. of Am. v. Ward, 526 U.S. 358, 364, ...
administrator. As the Court held, "Even if Sgro did ask MetLife for the records, that company can't be liable under section 1132(c)(1). That
section only ...
10 Jul, 2008 6:46 pm
... Kentucky Association of Health Plans, Inc. v. Miller, 538 U.S. 329 (2003). While the regulation satisfied the first prong of the test
(because it was "specifically directed toward" ... participants the option of having an independent physician review a denial of coverage "regulates insurance"); UNUM Life Ins. Co. of Am. v. Ward, 526 U.S. 358, 364, ...
administrator. As the Court held, "Even if Sgro did ask MetLife for the records, that company can't be liable under section 1132(c)(1). That
section only ...
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