Why Don’t Insurance Companies Want You to Get “Discovery” in Long Term Disability Litigation?

The vast majority of group long term disability policies are governed by a federal statute, the Employee Retirement Income Security Act (“ERISA”), which has its own rules regarding how an insurance company is required to administer a disability claim. Over the years, court decisions have developed ERISA law that addresses information an insured is allowed […]

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Appellate Court Rules It’s Too Late For Disability Carrier To Claim Fraud

It seems the statute of limitations has hit insurance giant AXA Equitable Life Insurance Company where it hurts. The disability carrier attempted to sue a disabled insured for alleged fraud in the application for his disability policy. The court decided that because AXA Equitable waited too long to sue the insured after it had learned […]

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Federal Judge Orders Unum To Produce Witnesses For Deposition

Calling Unum’s history of biased claims administration regrettable, a federal judge in the Southern District of New York authorized a disabled insured under an ERISA long term disability plan to take up to three depositions and to obtain documents from the insurance giant. In addressing Unum’s strenuous objections to discovery in the case, the court […]

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