Anti-consumer and anti-policyholder affects of denying coverage in disability cases involving both a disease that is difficult to document objectively and an overwhelming amount of medical evidence that favors a finding of complete disability. Long term care insurance companies are sometimes permitted too much discretion under the “arbitrary and capricious” standard of review that courts apply in reviewing coverage denials under ERISA.
Denmark vs. Liberty Life Assurance Company of Boston
Year
2005
Court
Massachusetts District Court
Case Number
05-2877
Issue
- ERISA
- Objective evidence of disability
State
- Massachusetts