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Insurance – Long- Term Disability Benefits – Denial Of Claim

admin//November 10, 2003//

Insurance – Long- Term Disability Benefits – Denial Of Claim

admin//November 10, 2003//

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Where (1) a plaintiff has sued the defendant insurance company for denying his claim for long-term disability benefits and (2) the defendant has moved for summary judgment, the defendant’s motion must be rejected because its decision to deny the plaintiff the requested benefits was unreasonable.

“Under the terms of the plan, [plaintiff Thomas M.] Conrad was entitled to payment so long as he could show that he was unable to perform some of the material duties of his regular occupation. The administrative record shows that [defendant] Reliance [Standard Life Insurance Company] failed to make an evenhanded assessment of his physical and mental health, and it made only a cursory evaluation of Conrad’s ability to work. Reliance never genuinely examined whether, in light of his physical condition and treatment regimen, Conrad could perform all of the material duties of his job. Accordingly, Reliance’s motion for summary judgment is denied.”

Conrad v. Reliance Standard Life Insurance Company (Lawyers Weekly No. 02-170-03) (15 pages) (O’Toole, J.) (USDC) (Civil Action No. 02-11123-GAO) (Oct. 31, 2003).

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