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October 2019 Archives

Court uses de novo standard of review when insurer blew deadline

A federal appeals court decided that because a disability insurance plan administrator missed a strict ERISA deadline for issuing a benefits decision on review, the correct standard for the court reviewing the denial of benefits to use is "de novo" rather than "arbitrary and capricious."

What is a disability insurer's structural conflict of interest?

A large insurance company that sells short- or long-term disability coverage can intimidate an individual fighting for their rightful benefits after having become disabled. When that insurer decides its own claims internally, rather than outsourcing that decision-making process, it has a structural conflict of interest.

Female soccer players and disabling brain injury

At DI Law Group, we represent professional athletes in their claims for long-term disability insurance often based on debilitating mental or physical injuries. Obviously, professional sports are not gentle on bodies or brains and disabling injuries can prevent a pro athlete from continuing to earn a living in their sport. In severe cases, these injuries might keep them from working even in less strenuous jobs.

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